25 LC 57 0279S
The House Committee on Judiciary offers the following substitute to SB 245:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions1
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 provide for the4
revocation or amendment of grandparent visitation rights in cases where the parent of a5
minor child is deceased, incapacitated, or incarcerated; to provide for related matters; to6
repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by10
grandparents or other family members for visitation rights or intervention, revocation or11
amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and12
notification to family members of child's participation in events, is amended by revising13
subsections (c) and (d) as follows:14
"(c)(1) Upon the filing of an original action or upon intervention in an existing15
proceeding under subsection (b) of this Code section, the court may grant any family16
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member of the child reasonable visitation rights if the court finds by clear and convincing17
evidence that the health or welfare of the child would be harmed unless such visitation18
is granted and if the best interests of the child would be served by such visitation. The19
mere absence of an opportunity for a child to develop a relationship with a family20
member shall not be considered as harming the health or welfare of the child when there21
is no substantial preexisting relationship between the child and such family member. In22
considering whether the health or welfare of the child would be harmed without such23
visitation, the court shall consider and may find that harm to the child is reasonably likely24
to result when, prior to the original action or intervention:25
(A) The minor child resided with the family member for six months or more;26
(B) The family member provided financial support for the basic needs of the child for27
at least one year;28
(C) There was an established pattern of regular visitation with the child by the family29
member or child care provided by the family member with for the child; or30
(D) Any other circumstance exists indicating that emotional or physical harm would31
be reasonably likely to result if such visitation is not granted.32
The court shall make specific written findings of fact in support of its rulings.33
(2) An original action requesting visitation rights shall not be filed by any grandparent34
more than once during any two-year period and shall not be filed during any year in35
which another custody action has been filed concerning the child. After visitation rights36
have been granted to any grandparent, the legal custodian, guardian of the person, or37
parent of the child may petition the court for revocation or amendment of such visitation38
rights, for good cause shown, which the court, in its discretion, may grant or deny; but39
provided, however, that such a petition shall not be filed more than once in during any40
two-year period.41
(3) While a parent's decision regarding family member visitation shall be given42
deference by the court, the parent's decision shall not be conclusive when failure to43
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provide family member contact would result in emotional harm to the child. A court may44
presume that a child who is denied any contact with his or her family member or who is45
not provided some minimal opportunity for contact with his or her family member when46
there is a preexisting relationship between the child and such family member may suffer47
emotional injury that is harmful to such child's health. Such presumption shall be a48
rebuttable presumption.49
(4) In no case shall the granting of visitation rights to a family member interfere with a50
child's school or regularly scheduled extracurricular activities.51
(5) Visitation time awarded to a family member shall not be less than 24 hours in any52
one-month period; provided, however, that when more than one individual seeks53
visitation under this Code section, the court shall determine the amount of time to award54
to each petitioner which shall not be less than 24 hours in any one-month period in the55
aggregate.56
(d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if57
one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may58
award the parent of the deceased, incapacitated, or incarcerated parent of such minor59
child reasonable visitation to such child during his or her minority if the court finds by60
clear and convincing evidence that the health or welfare of the child would be harmed61
unless such visitation is granted and if the best interests of the child would be served by62
such visitation. After such visitation rights have been granted to any parent of the63
deceased, incapacitated, or incarcerated parent of the minor child, such parent may64
petition the court for revocation or amendment of such visitation rights for good cause65
shown, which the court, in its discretion, may grant or deny; provided, however, that such66
a petition shall not be filed more than once during any two-year period. The mere67
absence of an opportunity for a child to develop a relationship with a grandparent shall68
not be considered as harming the health or welfare of the child when there is no69
substantial preexisting relationship between the child and such grandparent. The70
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custodial parent's judgment as to the best interests of the child regarding visitation shall71
be given deference by the court but shall not be conclusive. In considering whether the72
health or welfare of the child would be harmed without such visitation, the court shall73
consider and may find that harm to the child is reasonably likely to result when, prior to74
the death, incapacitation, or incarceration of the child's parent:75
(A) The minor child resided with the grandparent for six months or more;76
(B) The grandparent provided financial support for the basic needs of the child for at77
least one year;78
(C) There was an established pattern of regular visitation or child care by the79
grandparent with the child; or80
(D) Any other circumstance exists indicating that emotional or physical harm would81
be reasonably likely to result if such visitation is not granted.82
The court shall make specific written findings of fact in support of its rulings.83
(2) While a custodial parent's decision regarding grandparent visitation shall be given84
deference by the court, the parent's decision shall not be conclusive when failure to85
provide grandparent contact would result in emotional harm to the child. A court may86
presume that a child who is denied any contact with his or her grandparent or who is not87
provided some minimal opportunity for contact with his or her grandparent when there88
is a preexisting relationship between the child and such grandparent may suffer emotional89
injury that is harmful to such child's health. Such presumption shall be a rebuttable90
presumption."91
SECTION 2.92
All laws and parts of laws in conflict with this Act are repealed.93
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