Grandparents Visitation Rights

Grandparents' visitation rights have been significantly curtailed since a recent Supreme Court decision that did away with existing, overly broad statutes. Parents rarely deny grandparents access unless they have reason to believe such contact would be harmful to their children. If a parent is estranged from his/her own parents due to past abuse, this can be one reason to deny visitation. Or, in the event of one spouse's death, the other may wish to remarry and sever ties with former in-laws. Some states only entertain petitions for grandparents' visitation rights if the child's parents are divorced or if one parent is deceased. However, other states will consider granting visitation even when a couple is still married. A grandparent is generally required to show that his/her involvement with a grandchild would be beneficial. In some jurisdictions this is not sufficient and a grandparent must have played a significant role in actually raising a child to be granted visitation rights.

Fast Facts

  • Mediation is preferable to litigation for resolving grandparent visitation disputes.
  • A grandparent who has been granted visitation can't necessarily prevent the grandchild from being moved to a different state.
  • Parents who allow even brief, occasional visits are often immune from being ordered to give grandparents more time with their grandchildren.

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