In certain situations, a court may award custody to a grandparent if it is deemed in the best interest of the child. The following conditions must apply:
- The grandparent must have developed a relationship with the child either with the parent’s consent or through a court order.
- The grandparent has either assumed or is willing to assume responsibility for the child.
- One of the following must be true:
- The child has been legally classified as dependent under juvenile delinquency laws.
- The child faces significant risk due to parental neglect, incapacity, or substance abuse issues.
- The grandparent has been acting in a parental role for at least 12 months.
Presumptions in Child Custody Cases:
- In custody disputes between two parents, there is no presumption.
- In custody disputes between a parent and a third party, the presumption is that the parent will receive custody, but this can be challenged with clear evidence.
- In disputes between two third parties, there is no presumption.
Visitation Rights: The term “visitation” typically applies to third parties like grandparents, while terms like “primary custody” and “partial custody” are used for parents.
- The non-custodial parent generally has the right to reasonable visitation unless it negatively affects the child’s well-being.
- Denial of visitation is uncommon and usually only occurs in cases of abuse.
- Courts can set limits on when, where, and how visits occur.
- Courts may also allow one party to relocate out of state if it’s genuinely for the benefit of the child or parent, not to avoid visitation.
Third Party Visitation:
- The court may grant visitation rights to grandparents or stepparents, especially when there is a long-standing relationship.
- The “best interest of the child” standard applies in these decisions.
- A parent’s sexual conduct or cohabitation typically doesn’t impact visitation rights.
- HIV or AIDS status cannot be grounds for denying visitation.
- Non-compliance with visitation orders can result in contempt proceedings or a change in custody.
Grandparents’ Visitation:
- Grandparents may seek visitation if a parent has passed away, the marriage has ended, or if the child has lived with them for at least one year.
- Grandparents must prove that visitation serves the child’s best interests without interfering with the parent-child relationship.
- The court must give special consideration to the parent’s judgment regarding the third party’s visitation and its impact on the child.
Enforcement of Visitation Orders:
- Non-compliance with visitation orders can result in civil penalties, including fines or jail time.
- Parties violating the orders may be required to pay attorneys’ fees and court costs.
- Out-of-state custody and visitation orders will be honored if registered under the Federal Parental Kidnapping Prevention Act.
Contempt for Violation of Custody and Visitation Orders:
- A party who knowingly disobeys a custody order can be held in contempt.
- Penalties for contempt may include:
- Imprisonment for up to 6 months
- Fines up to $500
- Probation for up to 6 months
- Suspension of a driver’s license
- Payment of attorney’s fees and court costs
- If jailed, conditions for release must be specified.
Child’s Preference: A child’s preference may be considered in a custody decision, with its weight depending on the child’s age and maturity.
Appointment of Guardian ad Litem: In contentious cases, the court may appoint an attorney to represent the child’s interests. This attorney advocates for the child’s preferences, and the parents generally cover the attorney’s fees.
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