Courts may award custody to grandparents if it serves the best interests of the child and meets specific conditions:
- The grandparent’s relationship with the child was established with parental consent or a court order.
- The grandparent has taken or is willing to take responsibility for the child.
- One of the following applies:
- The child has been declared dependent under juvenile law.
- The child is at significant risk due to parental issues such as incapacity, neglect, or substance abuse.
- The grandparent has acted as a parent for at least 12 months.
Presumptions in Custody Disputes
- Between Parents: No presumption favors either parent.
- Parent vs. Third Party: There is a presumption in favor of the parent, but it can be overturned with clear and convincing evidence.
- Between Third Parties: Neither party is presumed to have an advantage.
Visitation Rights Overview
- For grandparents and other third parties, visitation rights are often referred to as “visitation,” whereas arrangements between parents involve terms like “primary custody” and “partial custody.”
- Non-custodial parents are generally granted reasonable visitation unless it harms the child’s well-being.
- Denial of visitation is rare and usually arises in cases of abuse.
- Courts can regulate the timing and circumstances of visits and generally permit relocation if it benefits the child or parent without undermining visitation rights.
Third-Party Visitation
- Courts may grant visitation to grandparents or stepparents, particularly when a strong bond exists with the child.
- Decisions are based on the child’s best interests.
- Parental lifestyle choices, such as cohabitation or sexual orientation, typically do not affect visitation.
- Health conditions like HIV/AIDS cannot be used to deny visitation.
- Violations of visitation orders can result in contempt proceedings or custody modifications.
Grandparents’ Visitation Rights
- Grandparents may seek visitation if:
- One parent has passed away.
- The parents are divorced.
- The child has lived with the grandparent for at least one year.
- Grandparents must demonstrate that visitation benefits the child and does not harm the parent-child relationship.
- Courts give special consideration to a parent’s decision regarding third-party visitation.
Enforcement of Visitation Orders
Non-compliance with visitation orders can lead to:
- Civil penalties, including fines or imprisonment.
- Liability for attorneys’ fees and court costs.
- Recognition of out-of-state custody and visitation orders under federal law.
Contempt for Violating Custody or Visitation Orders
Willful violations of custody orders may lead to:
- Imprisonment for up to six months.
- Fines up to $500.
- Probation for six months.
- Suspension of a driver’s license.
- Payment of attorneys’ fees and court costs.
The court must specify the conditions for release if imprisonment is imposed.
Child’s Preference in Custody Decisions
While a child’s preference is considered in custody cases, its weight depends on the child’s age and maturity.
Guardian ad Litem Appointments
In contentious custody disputes, the court may appoint an attorney to represent the child’s preferences. Fees for this attorney are typically covered by the parents.
For expert guidance on navigating custody and visitation issues, Attorney R. Badet offers professional assistance. Contact (267) 277-2641 or visit www.lawyersfordivorces.net for more details and a free consultation.