Attorney Malone W. Allen

Atlanta Grandparents’ Rights Attorney

Advocating for Grandparents' Rights in Georgia

In family law, the rights of grandparents can sometimes be overlooked, yet they play an essential role in the lives of their grandchildren. At Resurgens Legal Counsel, we recognize the importance of maintaining these relationships and provide dedicated legal assistance to grandparents seeking to assert their rights. In fact, principal attorney Malone W. Allen served as counsel in a case before the Georgia Supreme Court in which he successfully defended the constitutionality of Georgia’s grandparent visitation statute. See Barnhill v. Alford, 315 Ga. 304 (2022).

In Georgia, grandparents can petition for visitation rights and, in certain circumstances, custody of their grandchildren. These rights are especially pertinent in cases where the child’s welfare is at risk, or the family dynamic has undergone significant changes. Our team is committed to helping grandparents navigate the legal landscape to maintain a meaningful presence in their grandchildren's lives, understanding the unique bond and support they offer.

Navigating Grandparents' Visitation and Custody Rights

The process of securing visitation or custody rights for grandparents involves a careful legal approach. At Resurgens Legal Counsel, we guide grandparents through the intricacies of filing petitions and presenting their cases in court. When it comes to visitation, we help demonstrate how maintaining a relationship with the grandchild is in the child’s best interest, a key factor in the court's decision. In more complex scenarios where custody may be sought, we meticulously prepare to show that such arrangements are necessary for the child's health and well-being. Our aim is to provide a stable and loving environment for grandchildren through the legal recognition of their grandparents' roles.

Comprehensive Legal Support for Grandparents

Understanding that each family situation is unique, we provide personalized legal strategies tailored to the specific needs and circumstances of our clients. Malone W. Allen and the team at Resurgens Legal Counsel are not just legal advisors but advocates who empathize with the emotional challenges grandparents face in these situations. Whether the case involves straightforward visitation rights or more complex custody battles, we offer the comprehensive support and expertise necessary to navigate these sensitive cases successfully. Our commitment is to ensure that grandparents have the opportunity to maintain and strengthen their invaluable relationships with their grandchildren.

In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.

Principal Attorney

“[Malone’s] detailed and professional approach put me at ease when complex legal matters were being discussed and settled. His eye to protect my interests while also advising me on a course to follow that minimized overall costs was excellent!”
-Former Client

Family Law
Practice Areas

Divorce
Alimony
Division of Assets
Child Custody
Child Support
Modifications
Contempt of Court
Separate Maintenance
Legitimation and Paternity
Prenuptial Agreements
Postnuptial Agreements
Family Violence Orders
Stalking Protective Orders
Equitable Caregiver Claims
Grandparents’ Rights
Family Law Appeals

  • In Georgia, grandparents can petition the court for visitation rights and, in certain situations, for custody of their grandchildren. These rights are typically considered when it's in the best interest of the child’s welfare, especially if the child's environment is unstable or unsafe.

  • Grandparents can file a petition in court for visitation rights. The court will consider whether granting visitation is in the best interest of the child, focusing on the health and welfare of the child, and the nature of the grandparent-grandchild relationship.

  • Grandparents may seek custody in situations where the child’s living conditions with parents are deemed detrimental to the child's health and well-being. This can include instances of parental neglect, abuse, or incapacity.

  • Parental consent is not always required for grandparents to obtain visitation rights. However, the court will consider the parents' wishes and the existing parent-child relationship when making a decision.

  • Yes, grandparents' visitation rights can be challenged or revoked, especially if there's a significant change in circumstances that impacts the child’s best interest, or if the parents unanimously agree that the grandparent’s visitation isn’t in the child's best interest.

  • Adoption can sever the legal relationship between the grandchild and the biological grandparents, potentially leading to the loss of visitation or custody rights, unless the adoption is by a stepparent or another grandparent. Because of this, the timing of filing of a grandparent visitation case can be critical to protect your rights.

  • Yes, grandparents can seek visitation rights regardless of the parents' marital status. The court's primary consideration is always the best interest of the child.

Georgia
Grandparents’ Rights
FAQs

Have a questions about an issue that isn’t listed here? Don’t hesitate to reach out to us to discuss the specifics of your case to see how we can help.

Contact us.

If you're navigating the complexities of divorce and seeking knowledgeable guidance, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.