Do I have any grandparent rights if my children refuse to let me see my grandchild? 7 Answers as of January 16, 2012

It is their child, so yes they can tell you that you cannot see their child (regardless of the mother's immigration status). However, in Georgia you could file a petition for grandparent visitation and if you are successful, the court can order them to allow you to see the child.

Georgia law does allow for grandparent rights in some cases, but you don't indicate that your son ever was married to this woman. As a result, even HE has no rights to custody or visitation until and unless he legitimates the child. If he never does this, it would be hard for you to get grandparent rights.

If the parents of the children live together, then they have the right to prevent you from seeing their child. If they reside in separate households (and the custodial parent is NOT your child), then you have the right to initiate an independent claim for visitation. The parents' ages, and the mother's immigration status, are completely irrelevant to each of their rights as parents. Both he and she have every right to "say such a thing".

Generally, in Georgia, grandparents can seek to have visitation rights, so we recommend you consult with a family law attorney near you about all the facts and your rights and options. Good luck.

Georgia has a grandparent visitation statute to allow a petition by grandparents for visitation rights. You should discuss this with a lawyer at your earliest convenience.

Grandparents have very limited rights. In your situation, it does not sound like your son has even legitimated the minor child. Without a Court order granting legitimation, he has no rights, which arguably means you have no rights. Unfortunately, with your set of facts, it does not sound like you have the requisite facts to make a claim for grandparent visitation rights. But, there may be other factors not listed in your question that could change my initial thoughts, so it might be worth your peace of mind to pay for a consultation with a local Family Law Lawyer to discuss your case further.

Both the US Supreme Court and many state supreme courts have made it clear that there is no such thing as grandparent rights, and, as a general rule, suits against parents to get visitation will be denied. She is the mother whether in the country legally or not. It would be very foolish for you to complain about her legal status, as if you get the mother deported, the child will likely go with her. In rare cases where a child is at risk of harm, other family members such as grandparents could be awarded guardianship or custody, so if you feel that is a possibility, see a lawyer.