Title 19, Chapter 7, Section 3
( 19-7-3)
(a) As used in this Code section, the term "grandparent" means the
parent of a parent of a minor child, the parent of a minor child's
parent who has died, and the parent of a minor child's parent whose
parental rights have been terminated. (b) Except as otherwise provided in this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents. (c) Upon the filing of an original action or upon intervention in an
existing proceeding under subsection (b) of this Code section, the
court may grant any grandparent of the child reasonable visitation
rights if the court finds the health or welfare of the child would
be harmed unless such visitation is granted, and if the best
interests of the child would be served by such visitation. The
court shall make specific written findings of fact in support of its
rulings. There shall be no presumption in favor of visitation by
any grandparent. An original action requesting visitation rights
shall not be filed by any grandparent more than once during any
two-year period and shall not be filed during any year in which
another custody action has been filed concerning the child. After
visitation rights have been granted to any grandparent, the legal
custodian, guardian of the person, or parent of the child may
petition the court for revocation or amendment of such visitation
rights, for good cause shown, which the court, in its discretion,
may grant or deny; but such a petition shall not be filed more than
once in any two-year period. (d) If the court finds that the grandparent or grandparents can bear
the cost without unreasonable financial hardship, the court, at the
sole expense of the petitioning grandparent or grandparents, may: (1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent for
mediation. (e) In the event that the court does not order mediation or upon
failure of the parties to reach an agreement through mediation, the
court shall fix a time for the hearing of the issue of visitation
rights of the grandparent or grandparents. |