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SB 245

Relating to: a pilot school-centered mental health program. (FE)

2025-2026 Regular Session Introduced by Jesse James and 1 co-sponsor

SB 245 allows grandparents in Georgia to seek changes to visitation orders when a parent is deceased, incapacitated, or incarcerated, prioritizing children's welfare.

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Bill Summary · SB 245

Summary of Senate Bill 245 (SB 245)

Purpose and Intent

Senate Bill 245 (SB 245) aims to amend the existing laws regarding grandparent visitation rights in the state of Georgia. The primary intent of the bill is to allow grandparents to seek the revocation or amendment of existing visitation orders, particularly in circumstances where a parent of a minor child is deceased, incapacitated, or incarcerated. This legislation seeks to ensure that the best interests of the child are prioritized while also recognizing the importance of familial relationships.

Key Provisions

SB 245 introduces several significant changes to the Official Code of Georgia Annotated, specifically Code Section 19-7-3, which governs visitation rights:

  1. Eligibility for Revocation or Amendment:

    • Grandparents are included in the category of individuals who can petition for the revocation or amendment of existing visitation orders.
    • The court may grant visitation rights if it finds that the health or welfare of the child would be harmed without such visitation.

  2. Conditions for Granting Visitation:

    • The court must find clear and convincing evidence that visitation is in the best interests of the child.
    • Factors considered include:
      • Prior residence of the child with the grandparent for six months or more.
      • Financial support provided by the grandparent for at least one year.
      • Established patterns of visitation or childcare by the grandparent.

  3. Limitations on Filing:

    • Grandparents may only file for visitation rights once every two years and cannot file during a year when another custody action is pending.

  4. Presumption of Emotional Harm:

    • The court may presume that a child could suffer emotional harm if denied contact with a grandparent with whom they have a preexisting relationship.

  5. Visitation Time Requirements:

    • The court must ensure that visitation time awarded to a family member is not less than 24 hours in any one-month period.

  6. Deference to Parental Decisions:

    • While the court will consider the custodial parent's decisions regarding visitation, these decisions are not conclusive if they could lead to emotional harm to the child.

Affected Parties

  • Grandparents: The bill directly benefits grandparents seeking to maintain or establish visitation rights with their grandchildren, especially in cases where a parent is unable to fulfill their role.
  • Children: The legislation aims to protect the emotional and psychological well-being of children by facilitating meaningful relationships with their grandparents.
  • Parents: The bill acknowledges the rights of parents while also ensuring that their decisions regarding visitation are subject to judicial review if they may harm the child.

Procedural Aspects and Timeline

  • Introduced: February 17, 2025
  • Passed: The bill passed through various legislative stages, including readings, committee reports, and votes in both the Senate and House.
  • Effective Date: The bill is set to take effect on July 1, 2025, following its signing into law by the Governor on May 13, 2025.

Conclusion

Senate Bill 245 represents a significant legislative effort to enhance the rights of grandparents in Georgia regarding visitation with their grandchildren. By allowing for the revocation or amendment of visitation orders under specific circumstances, the bill aims to strengthen family bonds while prioritizing the welfare of children.

Compiled from official sources — confirm details with the bill’s official record.

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