Georgia Senate - 1995/1996 Sessions

SB 640 - Grandparent Visitation - change provisions

Page Numbers - 1/ 2/ 3

Code Sections - 19-7-3

1. Abernathy  38th        2. Oliver  42nd            3. Middleton  50th
4. Ralston  51st


Senate Comm: Judy       /         House Comm: Judy       /                                          
Senate Vote: Yeas 54    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/26/96   Read 1st time          2/12/96                                               
             2/7/96    Favorably Reported     2/26/96                                               
             Sub       Committee Amend/Sub    Sub                                                   
             2/8/96    Read 2nd Time          2/13/96                                               
             2/12/96   Read 3rd Time          3/13/96                                               
             2/12/96   Passed/Adopted         3/13/96                                               
             CS/FA     Comm/Floor Amend/Sub   CS/FA                                                 
             3/15/96   Amend/Sub Agreed To                                                          
             3/25/96   Sent To Governor                                                             
             4/15/96   Signed by Governor                                                           
             954       Act/Veto Number                                                              
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 19-7-3                                                                       


SB 640 96                                            SB640/AP

      SENATE BILL 640

      By:  Senators Abernathy of the 38th, Oliver of the 42nd,
           Middleton of the 50th and Ralston of the 51st

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 7 of Title 19 of the Official
  1- 2  Code of Georgia Annotated, relating to general provisions
  1- 3  applicable to the parent and child relationship generally,
  1- 4  so as to change the provisions relating to visitation rights
  1- 5  of grandparents; to provide when original actions for
  1- 6  grandparent visitation are not authorized; to require
  1- 7  certain findings of the court before granting visitation
  1- 8  rights to a grandparent; to provide for written findings of
  1- 9  fact; to provide for the appointment of a guardian ad litem
  1-10  and mediation under certain circumstances; to provide for a
  1-11  determination of the issue of grandparent visitation rights
  1-12  through mediation or by the court; to provide for the
  1-13  compensation of the guardian ad litem and mediator; to
  1-14  provide for related matters; to provide for an effective
  1-15  date; to repeal conflicting laws; and for other purposes.

  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-17  Article 1 of Chapter 7 of Title 19 of the Official Code of
  1-18  Georgia Annotated, relating to general provisions applicable
  1-19  to the parent and child relationship generally, is amended
  1-20  by striking in its entirety Code Section 19-7-3, relating to
  1-21  visitation rights of grandparents, and inserting in lieu
  1-22  thereof a new Code Section 19-7-3 to read as follows:

  1-23    "19-7-3. (Index)

  1-24    (a) As used in this Code section, the term 'grandparent'
  1-25    means the parent of a parent of a minor child, the parent
  1-26    of a minor child's parent who has died, and the parent of
  1-27    a minor child's parent whose parental rights have been
  1-28    terminated.

  1-29    (b) Any Except as otherwise provided in this subsection,
  1-30    any grandparent shall have the right to file an original
  1-31    action for visitation rights to a minor child or to
  1-32    intervene in and seek to obtain visitation rights in any
  1-33    action in which any court in this state shall have before

                               S. B. 640
                                 -1- (Index)

                                                   SB 640/AP

  2- 1    it any question concerning the custody of a minor child, a
  2- 2    divorce of the parents or a parent of such minor child, a
  2- 3    termination of the parental rights of either parent of
  2- 4    such minor child, or visitation rights concerning such
  2- 5    minor child or whenever there has been an adoption in
  2- 6    which the adopted child has been adopted by the child's
  2- 7    blood relative or by a stepparent, notwithstanding the
  2- 8    provisions of Code Section 19-8-19. This subsection shall
  2- 9    not authorize an original action where the parents of the
  2-10    minor child are not separated and the child is living with
  2-11    both of the parents.

  2-12    (c) Upon the filing of an original action or upon
  2-13    intervention in an existing proceeding under subsection
N        (b) of this Code section, the court may grant any
  2-15    grandparent of the child reasonable visitation rights upon
  2-16    proof of special circumstances which make such visitation
  2-17    rights necessary to if the court finds the health or
  2-18    welfare of the child would be harmed unless such
  2-19    visitation is granted, and if the best interests of the
  2-20    child would be served by such visitation.  The court shall
  2-21    make specific written findings of fact in support of its
  2-22    rulings.  There shall be no presumption in favor of
  2-23    visitation by any grandparent; and the court shall have
  2-24    discretion to deny such visitation rights. An original
  2-25    action requesting visitation rights shall not be filed by
  2-26    any grandparent more than once during any two-year period
  2-27    and shall not be filed during any year in which another
  2-28    custody action has been filed concerning the child.  After
  2-29    visitation rights have been granted to any grandparent,
  2-30    the legal custodian, guardian of the person, or parent of
  2-31    the child may petition the court for revocation or
  2-32    amendment of such visitation rights, for good cause shown,
  2-33    which the court, in its discretion, may grant or deny; but
  2-34    such a petition shall not be filed more than once in any
  2-35    two-year period.

  2-36    (d) If the court finds that the grandparent or
  2-37    grandparents can bear the cost without unreasonable
  2-38    financial hardship, the court, at the sole expense of the
  2-39    petitioning grandparent or grandparents, may:

  2-40      (1) Appoint a guardian ad litem for the minor child; and

  2-41      (2) Assign the issue of visitation rights of a
  2-42      grandparent for mediation.



                               S. B. 640
                                 -2- (Index)

                                                   SB 640/AP

  3- 1    (e) In the event that the court does not order mediation
  3- 2    or upon failure of the parties to reach an agreement
  3- 3    through mediation, the court shall fix a time for the
  3- 4    hearing of the issue of visitation rights of the
  3- 5    grandparent or grandparents."

                         SECTION 2.

  3- 6  The trial court may award resonable attorney fees and costs
  3- 7  to a respondent in an action filed pursuant to this Act upon
  3- 8  the finding that the petition is brought for the purpose of
  3- 9  harassment or any other improper purpose.

                         SECTION 3.

  3-10  This Act shall become effective upon its approval by the
  3-11  Governor or upon its becoming law without such approval.

                         SECTION 4.

  3-12  All laws and parts of laws in conflict with this Act are
  3-13  repealed.




























                               S. B. 640
                                 -3- (Index)