A grandparent may receive custody of a grandchild if this outcome aligns with the child’s best interests and:
- The grandchild’s relationship with the grandparent began through parental consent or a court order.
- The grandparent has taken or is willing to assume responsibility for the child.
- One of the following conditions applies:
- The child has been deemed dependent under juvenile delinquency laws.
- The child faces serious risk due to a parent’s inability to care for them, including neglect or substance abuse.
- The grandparent has played a parental role for at least 12 months.
Presumptions in Child Custody
- Parent vs. Parent: If both parents seek custody, the court makes its decision without any legal presumption favoring one parent over the other.
- Parent vs. Third Party: If a parent and a non-parent are both seeking custody, the law presumes the parent should have custody unless there is clear and convincing evidence otherwise.
- Third Party vs. Third Party: If two non-parents are seeking custody, neither side has a legal advantage at the outset.
Visitation Rights
- Non-Custodial Parent: Typically has reasonable partial custody or visitation rights unless such visits are shown to harm the child’s physical or mental health. Complete denial is unusual and generally reserved for cases involving severe abuse.
- Court’s Authority: The court can restrict the time, location, or conditions of visits if needed.
- Relocation: Courts usually allow a parent to move out of state if the move is genuinely in the child’s or the parent’s best interests, and not merely intended to block visitation.
Third-Party Visitation
- Grandparents and Stepparents: Courts may grant visitation if they have established meaningful, long-term relationships with the child.
- Best Interests Standard: Generally, the child’s well-being guides these decisions.
- No Basis for Restriction: A parent’s lifestyle, including cohabitation or sexual conduct, typically does not justify restricting visitation. HIV/AIDS status also cannot be used to deny visitation.
- Remedies for Noncompliance: A party interfering with visitation rights could face contempt proceedings or even a change in custody.
Grandparents’ Visitation
- Who May Seek It?
Grandparents may pursue visitation when one parent has died, the marriage is dissolved, or the child has lived with them for at least one year. - Proof Required
Grandparents must show that awarding them visitation is in the child’s best interests and will not significantly interfere with the parent-child bond. - “Special Weight”
Courts must give strong consideration to a parent’s view on whether a third party’s visitation is best for the child.
Enforcement of Visitation Orders
- Courts can issue civil orders carrying fines or jail time if someone disobeys visitation mandates.
- Violating these orders can also lead to the violator paying attorneys’ fees and court costs.
- Orders from another state are generally honored if properly registered under the Federal Parental Kidnapping Prevention Act.
Contempt for Violating Custody or Visitation Orders
When someone willfully disobeys a custody order, the court may hold them in contempt and impose:
- Up to six months in jail
- Fines up to $500
- Up to six months of probation
- Driver’s license suspension
- Attorneys’ fees and court costs
Any jail sentence must include specific conditions for release.
Child’s Preference
Although a child’s preference is a factor in determining custody, the degree of influence depends on the child’s age and level of maturity.
Appointment of a Guardian ad Litem
In highly contested custody matters, the court might assign an attorney (guardian ad litem) to represent the child’s interests. This attorney advocates on behalf of the child’s wishes, and typically the parents split the cost of these legal services.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience assisting clients at every phase of the divorce process, handling simple and complex cases involving spousal support, child support, and child custody. Drawing on his deep understanding of both Family Law and Criminal Law, he works diligently to secure the best possible outcomes for his clients. To learn more, visit www.lawyersfordivorces.net or call for a free consultation.
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