Georgia 2025-2026 Regular Session

Georgia Senate Bill SB245 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 57 0279S
2		-	Senate Bill 245
3		-	By: Senators Hodges of the 3rd, Kennedy of the 18th, Kirkpatrick of the 32nd, Albers of the
4		-	56th, Hickman of the 4th and others
5		-	AS PASSED
	2	+	The House Committee on Judiciary offers the following substitute to SB 245:
6	3		A BILL TO BE ENTITLED
7	4		AN ACT
8		-	To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions
9		-	1
	5	+	To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions1
10	6		by grandparents or other family members for visitation rights or intervention, revocation or2
11	7		amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and3
12	8		notification to family members of child's participation in events, so as to provide for the4
13	9		revocation or amendment of grandparent visitation rights in cases where the parent of a5
14	10		minor child is deceased, incapacitated, or incarcerated; to provide for related matters; to6
15	11		repeal conflicting laws; and for other purposes.7
16	12		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
17	13		SECTION 1.9
18	14		Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by10
19	15		grandparents or other family members for visitation rights or intervention, revocation or11
20	16		amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and12
21	17		notification to family members of child's participation in events, is amended by revising13
22	18		subsections (c) and (d) as follows:14
23	19		"(c)(1) Upon the filing of an original action or upon intervention in an existing15
24	20		proceeding under subsection (b) of this Code section, the court may grant any family16
25		-	S. B. 245
	21	+	S. B. 245 (SUB)
26	22		- 1 - 25 LC 57 0279S
27		-	member of the child reasonable visitation rights if the court finds by clear and convincing
28		-	17
	23	+	member of the child reasonable visitation rights if the court finds by clear and convincing17
29	24		evidence that the health or welfare of the child would be harmed unless such visitation18
30	25		is granted and if the best interests of the child would be served by such visitation. The19
31	26		mere absence of an opportunity for a child to develop a relationship with a family20
32	27		member shall not be considered as harming the health or welfare of the child when there21
33	28		is no substantial preexisting relationship between the child and such family member. In22
34	29		considering whether the health or welfare of the child would be harmed without such23
35	30		visitation, the court shall consider and may find that harm to the child is reasonably likely24
36	31		to result when, prior to the original action or intervention:25
37	32		(A) The minor child resided with the family member for six months or more;26
38	33		(B) The family member provided financial support for the basic needs of the child for27
39	34		at least one year;28
40		-	(C) There was an established pattern of regular visitation with the child by the family
41		-	29
	35	+	(C) There was an established pattern of regular visitation with the child by the family29
42	36		member or child care provided by the family member with for the child; or30
43	37		(D) Any other circumstance exists indicating that emotional or physical harm would31
44	38		be reasonably likely to result if such visitation is not granted.32
45	39		The court shall make specific written findings of fact in support of its rulings.33
46	40		(2) An original action requesting visitation rights shall not be filed by any grandparent34
47	41		more than once during any two-year period and shall not be filed during any year in35
48	42		which another custody action has been filed concerning the child. After visitation rights36
49	43		have been granted to any grandparent, the legal custodian, guardian of the person, or37
50	44		parent of the child may petition the court for revocation or amendment of such visitation38
51	45		rights, for good cause shown, which the court, in its discretion, may grant or deny; but39
52	46		provided, however, that such a petition shall not be filed more than once in during any40
53	47		two-year period.41
54	48		(3) While a parent's decision regarding family member visitation shall be given42
55	49		deference by the court, the parent's decision shall not be conclusive when failure to43
56		-	S. B. 245
	50	+	S. B. 245 (SUB)
57	51		- 2 - 25 LC 57 0279S
58		-	provide family member contact would result in emotional harm to the child. A court may
59		-	44
	52	+	provide family member contact would result in emotional harm to the child. A court may44
60	53		presume that a child who is denied any contact with his or her family member or who is45
61	54		not provided some minimal opportunity for contact with his or her family member when46
62	55		there is a preexisting relationship between the child and such family member may suffer47
63	56		emotional injury that is harmful to such child's health. Such presumption shall be a48
64	57		rebuttable presumption.49
65	58		(4) In no case shall the granting of visitation rights to a family member interfere with a50
66	59		child's school or regularly scheduled extracurricular activities.51
67	60		(5) Visitation time awarded to a family member shall not be less than 24 hours in any52
68	61		one-month period; provided, however, that when more than one individual seeks53
69	62		visitation under this Code section, the court shall determine the amount of time to award54
70	63		to each petitioner which shall not be less than 24 hours in any one-month period in the55
71	64		aggregate.56
72	65		(d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if57
73	66		one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may58
74	67		award the parent of the deceased, incapacitated, or incarcerated parent of such minor59
75	68		child reasonable visitation to such child during his or her minority if the court finds by60
76	69		clear and convincing evidence that the health or welfare of the child would be harmed61
77	70		unless such visitation is granted and if the best interests of the child would be served by62
78		-	such visitation. After such visitation rights have been granted to any parent of the
79		-	63
	71	+	such visitation. After such visitation rights have been granted to any parent of the63
80	72		deceased, incapacitated, or incarcerated parent of the minor child, such parent may64
81	73		petition the court for revocation or amendment of such visitation rights for good cause65
82	74		shown, which the court, in its discretion, may grant or deny; provided, however, that such66
83	75		a petition shall not be filed more than once during any two-year period. The mere67
84	76		absence of an opportunity for a child to develop a relationship with a grandparent shall68
85	77		not be considered as harming the health or welfare of the child when there is no69
86	78		substantial preexisting relationship between the child and such grandparent. The70
87		-	S. B. 245
	79	+	S. B. 245 (SUB)
88	80		- 3 - 25 LC 57 0279S
89		-	custodial parent's judgment as to the best interests of the child regarding visitation shall
90		-	71
	81	+	custodial parent's judgment as to the best interests of the child regarding visitation shall71
91	82		be given deference by the court but shall not be conclusive. In considering whether the72
92	83		health or welfare of the child would be harmed without such visitation, the court shall73
93	84		consider and may find that harm to the child is reasonably likely to result when, prior to74
94	85		the death, incapacitation, or incarceration of the child's parent:75
95	86		(A) The minor child resided with the grandparent for six months or more;76
96	87		(B) The grandparent provided financial support for the basic needs of the child for at77
97	88		least one year;78
98	89		(C) There was an established pattern of regular visitation or child care by the79
99	90		grandparent with the child; or80
100	91		(D) Any other circumstance exists indicating that emotional or physical harm would81
101	92		be reasonably likely to result if such visitation is not granted.82
102	93		The court shall make specific written findings of fact in support of its rulings.83
103	94		(2) While a custodial parent's decision regarding grandparent visitation shall be given84
104	95		deference by the court, the parent's decision shall not be conclusive when failure to85
105	96		provide grandparent contact would result in emotional harm to the child. A court may86
106	97		presume that a child who is denied any contact with his or her grandparent or who is not87
107	98		provided some minimal opportunity for contact with his or her grandparent when there88
108	99		is a preexisting relationship between the child and such grandparent may suffer emotional89
109	100		injury that is harmful to such child's health. Such presumption shall be a rebuttable90
110	101		presumption."91
111	102		SECTION 2.92
112	103		All laws and parts of laws in conflict with this Act are repealed.93
113		-	S. B. 245
	104	+	S. B. 245 (SUB)
114	105		- 4 -