Grandparents often step forward and take custody of their grandchildren in Georgia. These individuals are sometimes the most obvious choice to raise children due to biological ties – and some grandparents are eager to take on this responsibility. But can the family court in Georgia force you to raise your grandchildren – even if you don’t want to? This is a question you might want to ask an experienced family law attorney in Georgia.
Grandparent Wins Custody of Granddaughter Despite Saying “It Shouldn’t Be Her”
A recent case in Georgia involved a grandmother who won custody of her granddaughter despite openly saying that she should not be the one to raise the child. However, the headlines are slightly misleading. The grandmother did not actually refuse to take custody of her grandchild, and she merely stated that she wished the child’s biological mother was alive to fulfill her role as a parent. In other words, this was an expression of grief rather than an outright refusal to accept custody.
This grandmother is a reality TV star, and her daughter passed away after struggling with substance abuse and relationship issues. The biological father of the child is not in the picture, and the stepfather was not granted custody. This is a clear example of when family courts in Georgia will place children with grandparents. The priority is to keep the child with at least one biological parent if possible, but sometimes, this is clearly not in their best interests.
Courts Cannot Force Anyone to Accept Custody of a Child
Family courts cannot force anyone to accept custody of a child. If someone has no desire to raise a child, they are clearly not the best option. Forcing someone to raise a child in this manner could place the child in a dangerous or abusive household.
In order to pursue custody of a grandchild, a grandparent must specifically petition the family court and make their wishes clear.
The only exception is a biological parent, who may face serious legal consequences for refusing to raise their own child without going through the proper legal procedures. If a parent feels that they can no longer raise their own child, they must consider adoption.
In addition, courts cannot force a non-custodial parent to visit with their child if they have no desire to remain in contact. Parents and grandparents must fight for their rights to spend time with children. If they do not take legal action, the court will simply assume that they have no desire to play a role in the child’s life.
Can a Family Law Attorney Help With Grandparent Rights?
A family law attorney in Georgia could help grandparents learn more about their rights and responsibilities during a custody dispute. If you face the prospect of raising your grandchildren, it may be possible to consider alternative courses of action. For example, there may be another, more suitable family member who can take on this responsibility. To continue this conversation in more detail, consider a consultation with Lankford & Moore Law.
