Legal Question in Family Law in Georgia
Can the paternal grandmother prevent her son from seeing his own child, or force him to pay child support and obtain visitation against his and the mother's will?? Both parents live separately but raise the child financially together and the father has seen his child on a regular basis. Now the grandmother wants to stop the son from seeing his own grandchild because she is upset with her son. Can she legally do this? Can he or the actual mother of the child sue the grandmother??
2 Answers from Attorneys
There are a lot of holes in your factual presentation. Is there a current child support and custody order? If the paternal grandmother does not have custody/guardianship of the child, she cannot stop the parents from seeing the child?
If you want to have custody of your child, file a petition with the court. However, if a third party (grandparent) has guardianship of the child, that person may be entitled to child support for taking care of your child.
You should take the time to schedule an office visit with an attorney.
Who has physical custody of the child?
If the grandmother has custody, the father would have to go to court to enforce his right to visit with the child if the grandmother precludes him from visiting with the child. Likewise, he should be paying support to the ghrandmother. If the mother has custody, then the grandmother cannot do anything.
I agree with Attorney McGill - your situation does not provide many details. I would suggest that the father see an attorney. Denying visitation with the child is not going to be in the child's best interests and is not the way to solve whatever problems exist. I would also suggest that the grandmother and father get counseling.
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