Grandparents; include within the category of persons who may seek to revoke or amend an existing grandparent visitation order
Summary
SB245 amends Georgia’s grandparent-visitation statute to expand and clarify when a court may award or modify visitation rights. The bill allows a parent of a deceased, incapacitated, or incarcerated parent to seek visitation with a minor child, and it expressly authorizes that person to later petition for revocation or amendment of an existing visitation order for good cause. It also reinforces that courts must give deference to a custodial parent’s judgment, while making clear that parental preference is not controlling if denial of contact would likely cause emotional harm to the child.
The bill sets out the evidentiary standard and factors a court may consider, including whether the child lived with the family member, received financial support, or had an established pattern of visitation or caregiving. It also requires specific written findings by the court, limits how often original actions or modification petitions may be filed, and ensures visitation does not interfere with school or extracurricular activities. The measure is framed as a revision to Code Section 19-7-3 and repeals conflicting laws.
Impact
SB245 changes Georgia law governing grandparent and other family-member visitation by adding a specific pathway for grandparents of a deceased, incapacitated, or incarcerated parent to seek visitation and later ask to modify or revoke an existing order. It affects custody and visitation litigation by clarifying the standards courts must apply, including a clear-and-convincing-evidence threshold, rebuttable presumptions of emotional harm in certain circumstances, and mandatory written findings. The bill primarily impacts parents, grandparents, custodians, and family courts handling visitation disputes.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate 56-0, the House 160-1, and then the Senate agreed to the House substitute 52-0, indicating strong consensus around the measure. The voting history suggests lawmakers generally viewed the bill as a narrow, family-focused clarification rather than a controversial policy change.
Contention
The main policy tension in SB245 is between parental autonomy and extended-family visitation rights. Supporters of the existing visitation framework would likely favor the bill’s emphasis on deference to the custodial parent, while advocates for grandparents and other relatives would support the expanded ability to seek or modify visitation when a parent is deceased, incapacitated, or incarcerated. The bill also addresses the concern that courts should not treat the mere absence of a relationship as harm unless there is a substantial preexisting relationship, which helps limit overbroad claims while still allowing relief where emotional harm is likely.