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GA SB576
Bill
Status
Passed
5/12/2022
Primary Sponsor
Brian Strickland
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AI Summary
- Amends Georgia Code Section 19-7-3 to allow courts to grant reasonable visitation to grandparents when the grandparent's child (the minor's parent) has died, become incapacitated, or been incarcerated, upon finding by clear and convincing evidence that the child's health or welfare would be harmed without visitation and that visitation serves the child's best interests
- Establishes a rebuttable presumption that a child with a preexisting relationship with a grandparent who is denied any contact or minimal opportunity for contact with that grandparent may suffer emotional injury harmful to the child's health
- Specifies factors courts shall consider when evaluating potential harm, including whether the child resided with the grandparent for six months or more, the grandparent provided financial support for at least one year, or there was an established pattern of regular visitation or child care
- Requires courts to give deference to the custodial parent's judgment on visitation but clarifies that the parent's decision is not conclusive when denying grandparent contact would result in emotional harm to the child
- Provides a legislative response to the Georgia Supreme Court decision Patten v. Ardis, 304 Ga. 140 (2018), and clarifies that the mere absence of an opportunity to develop a grandparent relationship does not constitute harm when no substantial preexisting relationship exists
Legislative Description
Grandparents or Family Members Visitation Rights; provisions regarding visitation actions brought by certain grandparents of minor children; revise
Last Action
Effective Date 2022-07-01
5/12/2022
Committee Referrals
Judiciary3/16/2022
Judiciary3/3/2022
Full Bill Text
No bill text available