What rights do grandparents have in the state of georgia?

Asked over 5 years ago - Rome, GA

my sister-in-law has been wrongly accused of being an unfit parent by her own parents out of their own spite for her. A judge granted a motion they filed in court to immediatly remove one of her children from her custody on the grounds that they feared for his safety, yet they chose to leave the other child (an infant of 5 months) in the custody of the mother. All the accusations are false and will be found unsubstantiated thru any investigation that is carried out, but she wants to be sure on this particular matter before going into the courtroom for the first hearing.

Attorney answers (1)

  1. Michael L Rich

    Contributor Level 17

    Answered . Your sister-in-law needs to get herself a good child custody attorney. Your question really isn't a grandparents' rights question but a parents' rights one. Anyone, grandparents included, may file a petition alleging that a child is in danger and seeking custody. But parents have a fundamental constitutional right to raise their children unless they are proven to be unfit. A parent may be found to be unfit as to one child and not another due to that child's specific needs and circumstances, though leaving a younger child with her is some evidence that the grandparents aren't really concerned with her fitness as a parent.

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