Courts may grant custody to grandparents if it is in the child’s best interests and the following conditions are met:
- The relationship with the child began with parental consent or a court order.
- The grandparent has taken responsibility for the child or is willing to do so.
- One of these conditions applies:
- The child has been declared dependent under juvenile delinquency statutes.
- The child faces significant risk due to parental incapacity, neglect, or substance abuse.
- The grandparent has acted as a parent for at least 12 months.
Presumptions in Custody Cases
- Between Parents: No presumption; both parents are treated equally.
- Between a Parent and a Third Party: A presumption exists favoring the parent, which can be overturned with clear and convincing evidence.
- Between Two Third Parties: No presumption exists.
Visitation Rights
- Non-custodial parents are typically granted reasonable partial custody unless it adversely affects the child’s physical or mental well-being.
- Denial of custody is rare and typically reserved for cases involving abuse.
- Courts may regulate visitation conditions and allow relocation if it benefits the child or parent, rather than evading visitation agreements.
Third-Party Visitation
- Grandparents and stepparents may be granted visitation, particularly if they have had a long-standing relationship with the child.
- Courts prioritize the child’s best interests when making visitation decisions.
- A parent’s lifestyle, such as cohabitation or sexual conduct, is generally not grounds for restricting visitation.
- Conditions like HIV/AIDS cannot be used to deny visitation rights.
- Violations of visitation orders can lead to contempt proceedings or custody changes.
Grandparents’ Visitation Rights
- Grandparents can seek visitation if a parent is deceased, the parents are divorced, or the child has lived with them for at least one year.
- Grandparents must show that visitation is in the child’s best interest and does not interfere with the parent-child relationship.
- Courts give “special weight” to a parent’s judgment regarding third-party visitation.
Enforcement of Visitation Orders
- Civil court orders can impose fines or jail time for non-compliance.
- Violators may also be ordered to pay legal fees and court costs.
- Custody or visitation orders from other states are enforceable under the Federal Parental Kidnapping Prevention Act, provided they are registered in the enforcing state.
Contempt for Violating Custody or Visitation Orders
Parties who willfully violate custody orders may be held in contempt, facing penalties such as:
- Up to six months in jail.
- Fines up to $500.
- Up to six months of probation.
- Driver’s license suspension.
- Payment of attorney fees and court costs.
Any imprisonment order must outline conditions for release.
Child’s Preference in Custody Cases
A child’s preference is considered but weighted according to their age and maturity level.
Appointment of a Guardian ad Litem
In highly contested cases, a court may appoint an attorney (guardian ad litem) to represent the child’s interests and advocate for their preferences. Parents are typically responsible for the associated legal fees.
Expert Legal Support
Navigating child custody and visitation issues can be complex. Divorce Lawyer R. Badet offers skilled representation in family law, including custody disputes, ensuring the best outcomes for his clients. For personalized legal assistance, contact (267) 277-2641 or visit www.lawyersfordivorces.net.