Grandparents’ Rights in Child Custody Cases

Custody Rights for Grandparents
Courts may grant custody to grandparents if it serves the child’s best interests, and the following conditions are met:

  1. The grandparent established a relationship with the child with parental consent or a court order.
  2. The grandparent has taken responsibility for the child or is willing to do so.
  3. At least one of the following applies:
    • The child has been declared dependent under juvenile laws.
    • The child faces significant risk due to parental issues such as incapacity, neglect, or substance abuse.
    • The grandparent has acted as the child’s primary caregiver for at least 12 months.

Custody Presumptions

  • No presumption exists in custody disputes between parents.
  • In custody disputes involving a parent and a third party, there is a presumption favoring the parent, which can only be overturned with clear and convincing evidence.
  • In disputes between two third parties, no presumption is applied.

Visitation Rights
For grandparents and third parties, visitation rights are typically granted as follows:

  • Non-custodial parents are usually entitled to reasonable visitation unless it is harmful to the child’s mental or physical well-being.
  • Denial of visitation is rare and often limited to cases of abuse.
  • Courts can regulate visitation conditions, including timing and location.
  • Parents are generally permitted to move out of state for valid reasons, provided it does not undermine visitation agreements.

Third-Party Visitation

  • Grandparents and stepparents may be granted visitation rights when they have established a significant relationship with the child.
  • Courts evaluate the child’s best interests in these cases.
  • Factors such as a parent’s cohabitation, sexual conduct, or health issues like HIV/AIDS are not grounds to deny visitation.
  • Noncompliance with visitation orders may result in contempt proceedings or custody adjustments.

Grandparents’ Visitation Rights

  • Grandparents may seek visitation if:
    • A parent has passed away.
    • The parents are divorced.
    • The child has lived with the grandparents for at least one year.
  • Grandparents must prove that visitation is in the child’s best interests and does not disrupt the parent-child relationship.
  • Courts are required to give significant weight to a parent’s opinion on third-party visitation.

Enforcement of Visitation Orders
To ensure compliance with visitation orders:

  1. Civil court orders can impose fines or jail time for violations.
  2. Violators may be required to pay attorneys’ fees and court costs.
  3. Custody and visitation orders from other states are enforced if registered under the Federal Parental Kidnapping Prevention Act.

Contempt for Violating Custody Orders
Individuals who willfully violate custody orders may face:

  1. Up to six months of imprisonment.
  2. Fines of up to $500.
  3. Probation lasting up to six months.
  4. Driver’s license suspension.
  5. Liability for attorneys’ fees and costs.

Child’s Preference in Custody
The child’s preference is one factor in custody decisions. Its influence depends on the child’s age and maturity.

Appointment of a Guardian ad Litem
In contested custody cases, the court may appoint a guardian ad litem to represent the child’s interests. Parents usually cover the guardian’s legal fees.

For assistance with custody or visitation matters, contact Divorce Lawyer R. Badet at (267) 277-2641 or visit www.lawyersfordivorces.net.