Cleveland, GA asked in Family Law, Child Custody and Juvenile Law for Georgia

Q: As a grandparent I have permanent guardianship over my 2 young grandchildren ages 6 and 8.

Can their father who has not legitimized either child take us back to court to modify the guardianship order because he misses his kids and demands we let him take them for overnight stays 4 hours away? Mind you he is a drug user and states he has been “sober” for 10 months of which we cannot verify and has relapsed several times. He also states that he will not wear a mask around his kids even though we asked him too because of his background and people he associates with. Are we in our rights not to let him visit if it was not court ordered just until this COVID spread dies down as we are high risk as well? There is more to this but I am limited here to how much I can explain.

3 Lawyer Answers
V. Joy Edwards
V. Joy Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You are within your rights to deny visitation that is not court ordered. He may take you back to court to try to get an order giving him visitation. I would advise that you contact us to schedule a consult so you can be prepared if this does happen.

Regina Irene Edwards agrees with this answer

Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: He has no rights, so you can deny him visitation.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Considering the fact that he hasn’t legitimized the children he has no legal rights. Therefore, you have all the rights and call the shots. If he goes to court to legitimize the children then you should consult with an attorney for guidance.

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