Grandparent visitation rights are a rather complex matter where the solution is likely to be different based on the circumstances of each case. As a legal matter, grandparents are considered the third party, same as anyone else other than the parents of the child or children in question. Grandparents get special rights only if it is a question of the child's best interest. This can happen in several cases, such as where the grandparents had temporary custody and a ban on visitation may be too hard for the child to bear. All such common reasons where grandparents may be allowed visitation are listed below.
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If parents of a child are still married, then it reduces the chances of grandparents getting visitation rights. The key is whether the child is living in a safe and nurturing environment. On the other hand, if grandparents can prove that the parents are unfit and the home is not a good place for the child, it improves their chances of getting visitation rights.
Parents with criminal records or those with a history of domestic violence or substance abuse are all likely to be able to keep grandparents away from their child. If the child is living with a single parent after divorce, that is again grounds for granting grandparent visitation rights. The best chance grandparents have is if they have served as temporary custodians before.
Do you have additional legal questions regarding grandparent visitation rights? Our child visitation lawyers are here to help and answer any questions you may have. Contact a family law attorney near you today for more information.
Did you know?
Grandparents can ask for guardianship rights if parents are seen to be unfit.
In case one parent dies or leaves after a divorce, the grandparents can ask the court to grant guardianship on the grounds that the other single parent is unfit to take care of the child.