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Kinship care · Custody · Question

Can grandparents get custody in Georgia?

Last verified Oct 18, 2026 · Sources: O.C.G.A. §§ 19-7-1, 19-7-3, 19-7-3.1, 19-9-134, 29-2-5 to 29-2-7, 15-11-2, -109, -145, -201, -240

Short answer

Yes, a grandparent can ask a Georgia court for custody, but the law starts from a presumption that custody with a parent is in the child's best interest, and the grandparent has to overcome it. Grandparents also have other routes: asking a court for visitation, caring for the child under a parent's power of attorney or a temporary guardianship, and, if DFCS has taken the child into care, being considered as a relative placement.

Verified Oct 18, 2026 Source: O.C.G.A. § 19-7-1(b.1) (official code, LexisNexis public access; search the section number)

We're not attorneys, and this is not legal advice

This page restates what Georgia's statutes say, quoted word for word from the official code. It does not tell you what to do or predict how a court will decide your family's case. For advice about your situation, talk to a lawyer. The guardianship guide lists free legal help, and Georgia Legal Aid has a plain-language overview of kinship legal relationships and public benefits.

What does Georgia law say about grandparents and custody?

O.C.G.A. § 19-7-1(b.1) covers a custody case between one or both parents and a short list of relatives, and grandparents are on that list. The court decides based on the child's best interest: Verified Oct 18, 2026

"in any action involving the custody of a child between the parents or either parent and a third party limited to grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, sibling, or adoptive parent, parental power may be lost by the parent, parents, or any other person if the court hearing the issue of custody, in the exercise of its sound discretion and taking into consideration all the circumstances of the case, determines that an award of custody to such third party is for the best interest of the child or children and will best promote their welfare and happiness."

The same subsection says where the court starts. "Either parent" means the case can be against the mother, the father or both: Verified Oct 18, 2026

"There shall be a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents of such child or children, but this presumption may be overcome by a showing that an award of custody to such third party is in the best interest of the child or children. The sole issue for determination in any such case shall be what is in the best interest of the child or children."

In plain English: a "rebuttable presumption" is a starting point the court assumes until someone proves otherwise. Here the starting point favors the parent, and the grandparent asking for custody is the one who has to show otherwise.

How high is the bar to overcome the parent presumption?

The Georgia Supreme Court has explained what the grandparent (or other listed relative) must prove. The official code's notes on court decisions under § 19-7-1 summarize the case this way: Verified Oct 18, 2026

"the best interest standard means that the third party has to prove by clear and convincing evidence that the child would suffer physical or emotional harm if custody were awarded to the biological parent, and once the showing is made, the third party has to show that a custody award to the third party would promote the child’s welfare and happiness."

"Clear and convincing evidence" is a higher standard of proof than most civil cases use. We quote the code's summary of the decision; we did not read the full court opinion.

Can grandparents get visitation rights in Georgia?

Visitation is a separate question from custody, and it has its own law, O.C.G.A. § 19-7-3. It gives a grandparent the right to file: Verified Oct 18, 2026

"Any grandparent shall have the right to file an original action for visitation rights to a minor child"

There are limits. The law says it "shall not authorize an original action when the parents of the minor child are not separated and the child is living with both parents" (§ 19-7-3(b)(2)). And the court may grant visitation only on this showing: Verified Oct 18, 2026

"the court may grant any family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation."

The statute lists situations a court must consider when deciding whether harm is reasonably likely, including that the child lived with the grandparent, that the grandparent supported the child financially, or that there was "an established pattern of regular visitation with the child by the family member or child care provided by the family member for the child" (§ 19-7-3(c)(1)(C)). It also limits how often a grandparent can file: Verified Oct 18, 2026

"An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child."

A separate part of the same section, § 19-7-3(d), applies when "one of the parents of a minor child dies, is incapacitated, or is incarcerated". It lets the court award that parent's own parent reasonable visitation, under the same clear-and-convincing harm standard. Verified Oct 18, 2026

What is an "equitable caregiver"?

O.C.G.A. § 19-7-3.1 lets a court "adjudicate an individual to be an equitable caregiver" and then "enter an order as appropriate to establish parental rights and responsibilities for such individual, including, but not limited to, custody or visitation" (§ 19-7-3.1(a), (g)). It is not limited to grandparents. Before going further, the court must find by clear and convincing evidence that the person has, among other things: Verified Oct 18, 2026

"(1) Fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child’s life; (2) Engaged in consistent caretaking of the child;"

This route is closed while DFCS is involved with the family. The section: Verified Oct 18, 2026

"shall not authorize an original action so long as the Division of Family and Children Services of the Department of Human Services has an open child welfare and youth services case involving such child or his or her parent."

What if the parent agrees the child should live with the grandparent?

Custody is not the only way to have legal authority to care for a grandchild. Two options start with a parent's agreement and do not end the parent's rights.

A power of attorney for the care of a child. Georgia's statutory form "may be used for the temporary delegation of caregiving authority to an agent" (§ 19-9-134(a)). The form has a choice written for grandparents: Verified Oct 18, 2026

"This power of attorney is being given to a grandparent of my child and is effective until I revoke this power of attorney."

The form's own notice says "THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING", so the parent can end it. Verified Oct 18, 2026

A temporary guardianship. "A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor", in the probate court (§ 29-2-5(a), (b)). If the parents have consented in notarized writing, "the court shall grant the petition without further notice or hearing" (§ 29-2-6(a)). If a parent who is the child's natural guardian objects in time to the guardianship itself, "the court shall dismiss the petition" (§ 29-2-6(d)). A temporary guardian "shall be entitled to exercise any of the powers of a natural guardian" (§ 29-2-7(a)). Verified Oct 18, 2026 The guardianship guide compares these options side by side.

What if DFCS has taken the child into care?

When a child is in DFCS custody, the juvenile court case and DFCS policy shape where the child lives. Georgia's juvenile code defines a relative broadly: Verified Oct 18, 2026

"“Relative” means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution."

The juvenile code gives relatives a place in the case:

  • At the preliminary protective hearing after a child is removed, the court may allow "Any relative or other persons who have demonstrated an ongoing commitment to a child with whom a child might be placed" to be present, if that is in the child's best interests (§ 15-11-145(e)(1)). Verified Oct 18, 2026
  • DFCS must give written notice of each hearing or review, "including the right to be heard", to "any relative providing care for a child" (§ 15-11-109(a)). Verified Oct 18, 2026
  • The DFCS case plan's permanency recommendation considers "reunification, adoptive placement, permanent guardianship, or placement with a fit and willing relative" (§ 15-11-201(b)(14)). Verified Oct 18, 2026
  • The juvenile court can appoint a permanent guardian for a child adjudicated as a dependent child, after making findings that include that "termination of parental rights and adoption is not in the best interests of such child" (§ 15-11-240(a)(2)). Verified Oct 18, 2026

For what this looks like in practice (kinship placement, becoming an approved kinship foster home, and who to call first), see kinship care in Georgia. For the money side, see do relatives get paid to raise a child in Georgia?

Which court?

It depends on whether the case is about a child DFCS says is dependent. Verified Oct 22, 2026

  • A dependency case starts only in juvenile court. The juvenile court "shall be the sole court for initiating action" concerning a child who is "alleged to be a dependent child," and also hears permanent guardianship cases brought under the juvenile code (O.C.G.A. § 15-11-10(1)(C), (3)(B)).
  • Other custody cases are handled in superior court, which can send the custody question to juvenile court: "In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court" (O.C.G.A. § 15-11-15(a)).

The official code's case notes point the same way. They summarize one decision this way: "Juvenile court did not retain jurisdiction to hear grandparents' petition for permanent custody after determining that the mother's four children were deprived since the grandparents' complaint for permanent custody was not in the nature of a deprivation petition" (In re C.C., 193 Ga. App. 120 (1989), in the annotations to O.C.G.A. § 19-9-23). "Deprived" was the older word for what the law now calls dependent. We read the code's summary, not the full opinion.

Before you file: the superior court clerk can tell you where to file, which forms to use and what it costs. If DFCS is involved with the child, talk with the child's attorney or your case manager first, and with a lawyer.

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Sources & verification

Foster411 restates Georgia law in plain language; we are not attorneys, and this page is not legal advice. Statutes get amended; if today is past our verified date, read the current code text or ask a lawyer.