If it is determined to be in the child’s best interest, a court may award custody to a grandparent under the following conditions:
- The grandparent has formed a relationship with the child either with a parent’s consent or by court order;
- The grandparent has taken or is willing to take on responsibility for the child;
- One of these conditions applies:
- The child has been declared dependent under juvenile laws;
- The child is at significant risk due to parental neglect, incapacity, or substance abuse;
- The grandparent has acted in a parental role for at least 12 months.
Presumptions in Custody Cases:
- In custody disputes between two parents, there is no presumption.
- In disputes between a parent and a third party, there is a presumption that the parent will receive custody. This presumption can be challenged with clear and convincing evidence.
- In cases involving two third parties, there is no presumption regarding custody.
Visitation Rights:
- “Visitation” generally refers to rights for grandparents and other third parties, while “primary custody” and “partial custody” apply to parents.
- Non-custodial parents are typically entitled to reasonable partial custody, unless it negatively impacts the child’s health or well-being.
- Denial of partial custody is rare, usually occurring only in cases of abuse.
- Courts may impose restrictions on the time, location, or circumstances of visits.
- Parents may move out of state if it benefits the child or parent, without attempting to avoid visitation arrangements.
Third-Party Visitation:
- Grandparents and stepparents may be granted visitation, particularly when there have been long-term relationships.
- The child’s best interest is the standard governing such decisions.
- A parent’s living arrangements or sexual conduct is generally not grounds to limit visitation.
- HIV or AIDS status is not a reason to deny visitation.
- Violation of visitation orders may lead to contempt proceedings or a change in custody.
Grandparents’ Visitation Rights:
- Grandparents may seek visitation if a parent has passed away, if the marriage is dissolved, or if the child has lived with them for at least a year.
- They must show that visitation is in the child’s best interest and does not interfere with the parent-child relationship.
- Courts will give significant weight to a parent’s decision on whether third-party visitation is in the child’s best interest.
Enforcing Visitation Orders:
- A civil court order can impose fines or jail time for non-compliance.
- Those who violate orders may also have to cover legal fees and court costs.
- Custody and visitation orders from other states will be enforced, provided the foreign order has been registered in the state seeking enforcement, in accordance with the Federal Parental Kidnapping Prevention Act.
Contempt for Violation of Custody and Visitation Orders:
A party who willfully ignores a custody order may be held in contempt. Penalties can include:
- Imprisonment for up to six months;
- A fine of up to $500;
- Probation for up to six months;
- Suspension of the driver’s license;
- Payment of attorney’s fees and costs.
If someone is sent to jail, the order must specify the conditions for their release.
Child’s Preference:
A child’s preference is a factor in custody decisions, with the weight given to this preference depending on the child’s age and maturity level.
Appointment of Guardian ad Litem:
In highly contested cases, the court may appoint an attorney to represent the child’s interests. The attorney advocates for the child’s preferences, with fees usually paid by the parents.
Divorce Lawyer R. Badet is a dedicated attorney with extensive experience in family law, providing expert guidance throughout the divorce process. His practice covers simple and complex divorces, spousal support, child custody, and more. For personalized legal support, visit www.lawyersfordivorces.net or call for a free consultation. He is highly regarded for his knowledge and skill in family law and criminal law cases.