The state of Georgia recognizes that the relationship with a grandparent is important to a child, and gives the grandparents the right to seek visitation when it is otherwise unavailable to them. This might occur when one parent is deceased, or does not get visitation with the children. The grandparents may file a separate action against the custodial parent to seek visitation rights with their grandchildren. However, because of a recent Supreme Court of Georgia ruling, the legislature had to re-write the statute to eliminate the right of the grandparent to intervene where the grandchild is living with both biological parents in an intact family.

The custody of a child cannot be given to someone who is not a biological parent unless the biological parent is found to be unfit. In order for a grandparent to seek custody, both biological parents would have to be declared unfit, or otherwise be unavailable. After such a determination, the Judge decides the issue of custody based upon what is in the best interest of the child. A child over the age of 14 can choose which parent to live with, and the Judge will consent unless specific findings are made that the parent chosen is unfit. However, this provision of the law cannot be used to choose a grandparent over a biological parent.

If fitness of a parent is an issue in deciding custody the Judge will sometimes ask for a Guardian Ad Litem to help investigate from the child's perspective and make a recommendation to the Court.

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modified: June 08, 2004