Grandparents’ Rights in Child Custody Cases

Courts may grant custody to a grandparent if doing so is in the best interest of the child and the following conditions are met:

  1. The grandparent established a relationship with the child with a parent’s consent or through a court order.
  2. The grandparent has taken responsibility for the child or is willing to do so.
  3. One of these additional criteria applies:
    • The child has been declared dependent under juvenile laws.
    • The child is at substantial risk due to parental issues like incapacity, neglect, or substance abuse.
    • The grandparent has served as the primary caregiver for the child for at least 12 months.

Presumptions in Custody Cases

  • Between two parents: There is no legal presumption favoring one parent over the other.
  • Between a parent and a third party: The law presumes that custody should go to the parent unless clear and convincing evidence suggests otherwise.
  • Between two third parties: No presumption applies.

Visitation Rights

  • General Visitation Rules:
    • Non-custodial parents are typically granted reasonable visitation unless it would harm the child’s well-being.
    • Denial of visitation is rare and typically occurs in cases involving abuse.
    • Courts may regulate visitation in terms of time, location, and conditions.
    • Relocation out of state is often permitted if it benefits the child or parent, provided it isn’t intended to bypass visitation agreements.
  • Third-Party Visitation:
    • Grandparents and stepparents may be granted visitation rights, especially if there has been a long-standing relationship with the child.
    • Decisions are guided by the child’s best interest standard.
    • Parental sexual conduct or cohabitation is typically not grounds to deny visitation.
    • Medical conditions like HIV/AIDS cannot be used to deny visitation rights.
    • Interference with visitation may result in contempt charges or a change in custody arrangements.
  • Grandparents’ Visitation Rights:
    • Grandparents can seek visitation when a parent is deceased, the parents’ marriage has ended, or the child has lived with them for at least one year.
    • They must prove that visitation is in the child’s best interest and will not disrupt the parent-child relationship.
    • Courts give significant consideration to a parent’s judgment on whether visitation with a third party benefits the child.

Enforcement of Visitation Orders

  1. Civil penalties, including fines or jail time, may be imposed for non-compliance.
  2. Violating parties might also be required to pay attorneys’ fees and court costs.
  3. Custody and visitation orders from other states are enforceable if properly registered under the Federal Parental Kidnapping Prevention Act.

Contempt for Violating Custody or Visitation Orders

Parties who intentionally violate custody orders may face contempt charges, with potential penalties including:

  • Jail time of up to six months.
  • Fines up to $500.
  • Probation for up to six months.
  • Suspension of their driver’s license.
  • Payment of attorneys’ fees and court costs.

Child’s Preference

A child’s preference is considered in custody decisions, but its influence depends on the child’s age and maturity.

Appointment of a Guardian ad Litem

In contentious custody disputes, the court may appoint an attorney to represent the child’s interests. This attorney advocates for the child’s preferences, with fees usually covered by the parents.

For expert guidance on custody matters, Divorce Lawyer R. Badet provides professional legal assistance. Whether handling custody, support, or other family law issues, their experience ensures a clear path to the best possible resolution.

Call today for a free consultation!