Can a grandparent get custody if the parent of the grandchild has died?

In Georgia, a grandparent can get custody of a grandchild if the parent of the grandchild has died. The Grandparents Rights Law in Georgia allows grandparents to petition for a custody determination if the other parent is not living or is unable to take care of the child. The law also allows grandparents to seek visitation rights, but they must prove that visitation would be in the best interest of the child. The process for a grandparent to gain custody begins with filing a petition with the court. The court then reviews the petition and holds a hearing to determine the grandparent’s suitability to take care of the child. Factors the court considers when making this decision include the financial resources of the grandparent, the emotional bond between the grandparent and the grandchild, and the length of time the grandparent has been involved in the grandchild’s life. The court also considers any potential harm that may befall the child if the grandparent is not awarded custody. If the court finds that a grandparent should be awarded custody, it will issue an order of guardianship that grants legal authority to the grandparent. If the grandparent wishes to gain full legal and physical custody of the grandchild, they may also petition to become the child’s legal guardian. This requires approval by the court and establishing that the grandparent is in the best position to provide for the physical and emotional needs of the child.

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Can a grandparent get custody if the parent of the grandchild has died?

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