Requirements for Awarding Grandparent Visitation and Custody

Custody Requirements for Grandparents

The court must take into account the relationship between the parent/s and the child before custody to the grandparent is considered. Several states definitely consider the grandparents as guardians if both parents are no longer living. Most states presume that if both or one parent were living, they would retain custody of the child. Grandparents must prove to the court that the parent/s is unfit in order to overwhelm the judicial presupposition in favor of the parents. Even when the grandparents and grandchild have a strong relationship, winning custody against the parent’s wishes is very difficult.

Visitation Requirements for Grandparents

State laws that give visitation to grandparents usually involve certain conditions before visited is approved. A majority of states must consider the marital status of the parents before visitation is suitable. Some of these states consider the marital status of the parents is visitation has been denied the grandparent by the parent/s. Other states consider the marital status only if the child resided with the grandparents for a set amount of time.

A few states insist that one of the parents must be deceased before the judge can award the grandparent visitation to the parent of the deceased child. This means a maternal grandparent can only be allowed visitation to the grandchild if the mother of the minor child is no longer living.

When the requirements for visitation are sustained, the grandparents have to ascertain the reasons that the court should grant visitation rights. Many states compel the court to take into consideration the prior relationship between the grandchild and the grandparents, how visitation will affect the relationship between the child and the parent/s or must prove harm to the child if visitation is denied.

Adoption and Grandparent Visitation Rights

The statutes vary in every state. Some states mandate that adoption including by another grandparent or even a stepparent terminate all visitation rights of the grandparents. Other states disallow grandparent’s visitation only if the child was adopted by anyone else. Still other states mandate grandparent visitation is allowed as long as the requirements are met.

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