If the court believes it is in the child’s best interests, it may grant custody to a grandparent under the following conditions:
- The grandparent established a relationship with the child either with the parent’s consent or through a court order.
- The grandparent has taken on or is willing to take on the responsibility for the child.
- One of the following criteria is met:
- The child has been deemed a dependent child under juvenile delinquency laws.
- The child faces significant risk due to parental neglect, substance abuse, or incapacity.
- The grandparent has acted in a parental role for at least 12 months.
Presumptions in Child Custody Cases
- In a custody dispute between two parents, no presumption favors either party.
- In a custody dispute between a parent and a third party, the parent is presumed to be the preferred custodian. However, this presumption can be overcome with clear and convincing evidence.
- In a custody dispute between two third parties, there is no presumption.
Visitation Rights
- The term “visitation” generally applies to grandparents and third parties. For parents, terms like primary custody and partial custody are used.
- The non-custodial parent typically has the right to reasonable partial custody unless it negatively impacts the child’s health.
- Denial of partial custody is rare and usually only occurs in cases of physical or sexual abuse.
- Courts can place limitations on the time, place, and conditions of visits.
- Parents may relocate out of state for genuine reasons benefiting the child or parent, not to avoid visitation.
Third-Party Visitation
- Grandparents and stepparents may be granted visitation, particularly when there are long-standing relationships.
- The court follows the “best interest of the child” standard when making these decisions.
- A parent’s cohabitation or sexual conduct typically doesn’t serve as a basis for restricting visitation.
- HIV or AIDS cannot be a reason for denying visitation.
- Noncompliance with visitation orders can result in contempt proceedings or custody modifications.
Grandparents’ Visitation
- Grandparents can request visitation when a parent is deceased, the parents’ marriage is dissolved, or the child has lived with them for at least a year.
- Grandparents must show that visitation is in the child’s best interest and won’t interfere with the parent-child relationship.
- Courts must give “special weight” to a parent’s judgment regarding the visitation’s impact on the child.
Enforcement of Visitation Orders
- Courts can issue civil orders for non-compliance, with penalties including fines or jail time.
- Parties violating visitation orders may also be required to pay attorney fees and court costs.
- Custody and visitation orders from another state will be enforced if properly registered, as required by the Federal Parental Kidnapping Prevention Act.
Contempt for Violating Custody and Visitation Orders
A party who willfully disobeys a custody order may face contempt charges. Potential punishments include:
- Imprisonment for up to 6 months.
- A fine of up to $500.
- Probation for up to 6 months.
- Suspension of a driver’s license.
- Payment of attorney’s fees and costs.
The court must specify the conditions under which an individual will be released from jail for contempt.
Child’s Preference
The child’s preference is just one factor in custody decisions. The weight given to this preference depends on the child’s age and maturity.
Appointment of Guardian ad Litem
In contentious cases, the court may appoint an attorney for the child to advocate for the child’s preferences. The parents typically bear the cost of these legal fees.
Divorce Lawyer R. Badet is a seasoned attorney committed to supporting clients throughout the divorce process, including cases involving custody, spousal support, and child support. With expertise in both Family Law and Criminal Law, R. Badet is dedicated to achieving the best possible outcomes for his clients. Visit his website or call for a free consultation to learn more about your legal rights and options.