Grandparent Visitation

Grandparent visitation schedules are usually determined by the parents of minor children. Generally, parents want children to have a relationship with grandparents and encourage this contact. However, in highly contentious divorces, grandparents may end up being cut off from their grandchildren. This might happen if one parent has his or her custody rights terminated. The grandparents on that side of the family might still want to keep seeing their grandchild. However, the custodial parent could choose to deny access. In such cases, grandparents can petition the court for visitation rights over the custodial parent's objections. In some states, grandparents only have to prove that their visitation time with the child would be beneficial rather than harmful. However, other states have much stricter standards. They require a grandparent to show that he or she has spent significant time caring for the minor child in the absence of the birth parents. In other words, a grandparent would have to be able to prove a history of having a parenting relationship with the child.

Fast Facts

  • Few judges will request mediation between the grandparents and their former in-laws in cases of alienation from grandchildren.
  • The 2007 Troxel v. Granville case rolled back grandparent's presumption of rights to visitation.
  • Grandparents in many states are actively petitioning lawmakers for legislation that will make visitation easier again.

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