The Court of Appeals affirmed an award of child custody to a maternal grandfather in its October 2015 decision in Brawner v. Miller.(1) There, the biological father of two minor children had petitioned for legitimation and custody after the children’s mother was murdered. Although the trial court gr...
The Georgia Court of Appeals affirmed an award of child custody to maternal grandparents in its March 2002 decision in Burke v. King.(1) There, the divorced father of a minor child filed a petition for a writ of habeas corpus after his former wife – who had custody of the child – died and her sister...
As previously discussed, Georgia law since 2001 has required a grandparent (or certain other designated relatives) seeking custody of a child against a parent to prove by clear and convincing evidence that the child will suffer physical harm or significant, long-term emotional harm if custody were...
A prior article summarized the principal avenues available to grandparents in Georgia for seeking custodial or visitation rights to a minor child. In this follow up, we address the burdens of proof and evidence needed for a grandparent to obtain custody of a minor child or rights of visitation from...