Rights of Grandparents to Visitation

Many states offer an avenue for grandparents to seek visitation with their grandchildren. While most states permit a grandparent to petition for rights of visitation, some impose restrictions as to the circumstances under which the court will consider the petition.

In most situations, it is unnecessary for grandparents to seek visitation with their grandchildren. Parents are all too willing to bring the children to visit both maternal and paternal grandparents. However, where parents separate or were never married or when one dies, grandparents who were once involved with their grandchildren may find that they no longer get an opportunity to spend time with the grandchildren. Even without a separation or death, there may be a disagreement between the grandparent and parent, with the result that the parent no longer permits the grandparent to see the child. If talking to the custodial parent cannot resolve the visitation issue, grandparents often seek assistance from the court.

Some states permit grandparents or any other individual who has established a relationship with a child to petition for visitation rights. Other states only permit a grandparent to petition for visitation when there is a separation or divorce or when one of the parents is deceased. In situations where the parties were never married, some states require that paternity be established before the paternal grandparent may file for visitation. Where as the result of a divorce, it is found that the husband is not the father of the child, it might be difficult for the ex-husband's parents to obtain rights of visitation, even though there was a close relationship during the course of the marriage.

As always, a court will grant grandparent visitation only when it finds that such visitation is in the best interests of the child. Where the grandparent and parent do not get along and have conflicting values, a court may find that granting visitation would interfere with the parent's right and ability to raise the child in the manner the parent believes is best for the child. Where a child has lived with the grandparents for a substantial period of time and the child wants to continue the relationship, it is likely that the court will grant visitation. A grandparent who wants visitation will have to prove that there was a close relationship between the grandparent and child, that a parent is interfering in that relationship by failing or refusing to provide any visitation, that it is in the best interests of the child to continue the relationship, and that visitation will not interfere in the relationship between the parent and the child. Even where visitation is granted, a court will often defer to the parent as to frequency and amount of time the visitation will last.