SB 281 — AN ACT relating to grandparent visitation.

UNOFFICIAL COPY 26 RS BRSB 2388281/GA AN ACT relating to grandparent visitation.

(1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree ifif: the court finds by clear and convincing evidence that:

The court finds by clear and convincing evidence that:

a.

and 2.b.

Visitation with the grandparent[ it Determines that it] is in the best interests[interest] of the child[child; to do so].

or[ to do so] 2.

Someone other than a parent is the grandchild's custodian and the court finds by a preponderance of the evidence that visitation with the grandparent is in the best interests of the child.

(c) Potential detriments and benefits to the child from granting visitation, including whether the loss of the relationship between the petitioner and Page 1 of 5 SB028110.100 - 2388 - XXXX 3/17/2026 2:49 PM GA UNOFFICIAL COPY 26 RS SB 281/GA child is likely to harm the child or cause emotional distress to the child;

(d) Effect granting visitation would have on the child's relationship with the parents;parents or custodian;

(e) Physical and emotional health of all the adults involved, parentscustodian, andparents, Pageand 1 of 5 XXXX 2/26/2026 6:40 PM Jacketed UNOFFICIAL COPY 26 RS BR 2388 grandparents alike;

and (i) Special circumstance when the parent of the child who is the son or daughter of the grandparent is deceased or the marriage of the parent has been dissolved.dissolved[ (b) If the parent of the child who is the son or daughter of the grandparent is deceased, there shall be a rebuttable presumption that visitation with the grandparent is in the best interest of the child if the grandparent can prove a pre-existing significant and viable relationship with the child.

[(b) If the parent of the child who is the son or daughter of the grandparent is deceased, there shall be a rebuttable presumption that visitation with the grandparent is in the best interest of the child if the grandparent can prove a pre-existing significant and viable relationship with the child.

There exist any other facts that establish that the loss of the relationship between the grandparent and the child is likely to harm the child.]child]. (3)[(2)] The action under this section shall be brought in the Circuit Court of[in] the county in which the child resides.

(4)[(3)]Page The2 Circuit Court may grant noncustodial parental visitation rights to the grandparent of a5 childSB028110.100 if- the2388 parent- of the child who is the son or daughter of the Page 2 of 5 XXXX 2/26/20263/17/2026 6:402:49 PM JacketedGA UNOFFICIAL COPY 26 RS BRSB 2388281/GA grandparent(3)[(2)] isThe deceasedaction andunder thethis grandparentsection hasshall assumedbe thebrought financialin obligation of child support owed by the deceasedCircuit parent,Court unlessof[in] the courtcounty determines that the visitation is not in thewhich best interests[interest] of the child underresides. subsections (1) and (2) of this section.

(4)[(3)] The Circuit Court may grant noncustodial parental visitation rights to the grandparent of a child if the parent of the child who is the son or daughter of the grandparent is deceased and the grandparent has assumed the financial obligation of child support owed by the deceased parent, unless the court determines that the visitation is not in the best interests[interest] of the child under subsections (1) and (2) of this section.

or Page 3 of 5 SB028110.100 - 2388 - XXXX 3/17/2026 2:49 PM GA UNOFFICIAL COPY 26 RS SB 281/GA c.

Preference shall be Page 3 of 5 XXXX 2/26/2026 6:40 PM Jacketed UNOFFICIAL COPY 26 RS BR 2388 given to available and qualified relatives of the child considering the wishes of the parent or other person exercising custodial control or supervision, if known.

(5) The child shall remain in temporary custody with the cabinet for a period of time Page 4 of 5 SB028110.100 - 2388 - XXXX 3/17/2026 2:49 PM GA UNOFFICIAL COPY 26 RS SB 281/GA not to exceed forty-five (45) days from the date of the removal from his home.

The court may extend such time after making written findings establishing the need for the extension and after Page 4 of 5 XXXX 2/26/2026 6:40 PM Jacketed UNOFFICIAL COPY 26 RS BR 2388 finding that the extension is in the child's best interest.

Page 5 of 5 SB028110.100 - 2388 - XXXX 2/26/20263/17/2026 6:402:49 PM JacketedGA