25 LC 57 0150
Senate Bill 245
By: Senators Hodges of the 3rd, Kennedy of the 18th, Kirkpatrick of the 32nd, Albers of the
56th, Hickman of the 4th and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions
1
by grandparents or other family members for visitation rights or intervention, revocation or2
amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and3
notification to family members of child's participation in events, so as to include4
grandparents within the category of persons who may seek to revoke or amend an existing5
grandparent visitation order; to provide for the revocation or amendment of grandparent6
visitation rights in cases where the parent of a minor child is deceased, incapacitated, or7
incarcerated; to provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by11
grandparents or other family members for visitation rights or intervention, revocation or12
amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and13
notification to family members of child's participation in events, is amended by revising14
subsections (c) and (d) as follows:15
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"(c)(1) Upon the filing of an original action or upon intervention in an existing
16
proceeding under subsection (b) of this Code section, the court may grant any family17
member of the child reasonable visitation rights if the court finds by clear and convincing18
evidence that the health or welfare of the child would be harmed unless such visitation19
is granted and if the best interests of the child would be served by such visitation. The20
mere absence of an opportunity for a child to develop a relationship with a family21
member shall not be considered as harming the health or welfare of the child when there22
is no substantial preexisting relationship between the child and such family member. In23
considering whether the health or welfare of the child would be harmed without such24
visitation, the court shall consider and may find that harm to the child is reasonably likely25
to result when, prior to the original action or intervention:26
(A) The minor child resided with the family member for six months or more;27
(B) The family member provided financial support for the basic needs of the child for28
at least one year;29
(C) There was an established pattern of regular visitation with the child by the family
30
member or child care provided by the family member with for the child; or31
(D) Any other circumstance exists indicating that emotional or physical harm would32
be reasonably likely to result if such visitation is not granted.33
The court shall make specific written findings of fact in support of its rulings.34
(2) An original action requesting visitation rights shall not be filed by any grandparent35
more than once during any two-year period and shall not be filed during any year in36
which another custody action has been filed concerning the child. After visitation rights37
have been granted to any grandparent, such grandparent, or the legal custodian, guardian38
of the person, or parent of the child, may petition the court for revocation or amendment39
of such visitation rights, for good cause shown, which the court, in its discretion, may40
grant or deny; but provided, however, that such a petition shall not be filed more than41
once in during any two-year period.42
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(3) While a parent's decision regarding family member visitation shall be given
43
deference by the court, the parent's decision shall not be conclusive when failure to44
provide family member contact would result in emotional harm to the child. A court may45
presume that a child who is denied any contact with his or her family member or who is46
not provided some minimal opportunity for contact with his or her family member when47
there is a preexisting relationship between the child and such family member may suffer48
emotional injury that is harmful to such child's health. Such presumption shall be a49
rebuttable presumption.50
(4) In no case shall the granting of visitation rights to a family member interfere with a51
child's school or regularly scheduled extracurricular activities.52
(5) Visitation time awarded to a family member shall not be less than 24 hours in any53
one-month period; provided, however, that when more than one individual seeks54
visitation under this Code section, the court shall determine the amount of time to award55
to each petitioner which shall not be less than 24 hours in any one-month period in the56
aggregate.57
(d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if58
one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may59
award the parent of the deceased, incapacitated, or incarcerated parent of such minor60
child reasonable visitation to such child during his or her minority if the court finds by61
clear and convincing evidence that the health or welfare of the child would be harmed62
unless such visitation is granted and if the best interests of the child would be served by63
such visitation. After such visitation rights have been granted to any parent of the
64
deceased, incapacitated, or incarcerated parent of the minor child, such parent may65
petition the court for revocation or amendment of such visitation rights for good cause66
shown, which the court, in its discretion, may grant or deny; provided, however, that such67
a petition shall not be filed more than once during any two-year period. The mere68
absence of an opportunity for a child to develop a relationship with a grandparent shall69
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not be considered as harming the health or welfare of the child when there is no
70
substantial preexisting relationship between the child and such grandparent. The71
custodial parent's judgment as to the best interests of the child regarding visitation shall72
be given deference by the court but shall not be conclusive. In considering whether the73
health or welfare of the child would be harmed without such visitation, the court shall74
consider and may find that harm to the child is reasonably likely to result when, prior to75
the death, incapacitation, or incarceration of the child's parent:76
(A) The minor child resided with the grandparent for six months or more;77
(B) The grandparent provided financial support for the basic needs of the child for at78
least one year;79
(C) There was an established pattern of regular visitation or child care by the80
grandparent with the child; or81
(D) Any other circumstance exists indicating that emotional or physical harm would82
be reasonably likely to result if such visitation is not granted.83
The court shall make specific written findings of fact in support of its rulings.84
(2) While a custodial parent's decision regarding grandparent visitation shall be given85
deference by the court, the parent's decision shall not be conclusive when failure to86
provide grandparent contact would result in emotional harm to the child. A court may87
presume that a child who is denied any contact with his or her grandparent or who is not88
provided some minimal opportunity for contact with his or her grandparent when there89
is a preexisting relationship between the child and such grandparent may suffer emotional90
injury that is harmful to such child's health. Such presumption shall be a rebuttable91
presumption."92
SECTION 2.93
All laws and parts of laws in conflict with this Act are repealed.94
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