A court may grant custody to a grandparent if it serves the grandchild’s best interests and if:
- The relationship began with parental consent or a court order.
- The grandparent has taken on, or is prepared to take on, responsibility for the child.
- Any of these additional conditions apply:
- The child has been classified as dependent under juvenile laws.
- The child is substantially at risk because of a parent’s incapacity, neglect, or substance abuse.
- The grandparent has effectively acted as the child’s parent for at least 12 months.
Presumptions in Child Custody Disputes
- Between two parents: No presumption favors either parent.
- Between a parent and a third party: Courts presume the parent should have custody, though this can be overcome with clear and convincing evidence.
- Between two third parties: Again, there is no presumption for or against either party.
Visitation Rights
“Visitation” commonly refers to a third party’s access to a child, while parents typically handle “primary custody” and “partial custody.” Key points include:
- The non-custodial parent generally has reasonable partial custody unless it harms the child’s well-being.
- Denial of partial custody is unusual, typically reserved for serious situations like physical or sexual abuse.
- Courts may restrict how and when visits occur, especially if concerns arise regarding safety.
- Moving to another state is generally permissible if it genuinely benefits the child or the relocating parent, so long as it isn’t intended to dodge visitation agreements.
Third-Party Visitation
- Grandparents and stepparents may receive visitation if they have maintained a substantial relationship with the child.
- The court uses the “best interest of the child” standard to assess requests.
- A parent’s living arrangements or sexual orientation usually are not valid reasons to restrict visitation.
- An individual’s HIV or AIDS status cannot be grounds for refusing visits.
- If a parent obstructs or fails to follow a visitation schedule, courts can enforce orders through contempt proceedings or even modify custody.
Grandparents’ Visitation
Grandparents may seek visitation under certain conditions, such as:
- A parent has died.
- The parents’ marriage has ended.
- The grandchild has resided with the grandparents for at least a year.
They must show that these visits will serve the child’s best interests without undermining the parent-child bond. Courts also must give “special weight” to a parent’s judgment about whether a third party’s involvement is truly beneficial for the child.
Enforcing Visitation Orders
- A civil court may impose fines or jail time for ignoring visitation mandates.
- Violators may be responsible for attorneys’ fees and other court costs.
- Custody and visitation rulings from another state are enforced once the decree is registered in the new state, in accordance with the Federal Parental Kidnapping Prevention Act.
Contempt for Violating Custody and Visitation Orders
Someone who intentionally disregards a custody or visitation order may face contempt charges. Possible penalties include:
- Up to six months in jail.
- A fine up to $500.
- Up to six months of probation.
- Suspension of the individual’s driver’s license.
- Responsibility for covering the other party’s attorneys’ fees and court expenses.
If a judge decides to jail someone, they must specify the actions the individual can take to secure release.
Child’s Preference
Courts consider a child’s wishes as just one of many factors in deciding custody. The influence of a child’s opinion depends largely on the child’s age and maturity level.
Guardian ad Litem
In highly contested matters, a court may appoint a lawyer—known as a guardian ad litem—to represent the child’s interests and express the child’s viewpoint in court. Typically, the parents share responsibility for the appointed attorney’s fees.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is committed to supporting clients through all phases of the divorce process, including issues such as spousal support, child support, and custody. Drawing on extensive knowledge of Family Law and Criminal Law, he advocates for the best outcomes for clients. To learn more about your legal options, visit www.lawyersfordivorces.net or call for a free consultation.
Related Searches
“divorce lawyers nearby”
“divorce and family law attorney”
“low income divorce lawyers near me”
“international divorce lawyer near me”
“reasonable divorce lawyers”
“best rated divorce lawyers near me”
“finding a good divorce lawyer”
“find divorce attorney”
“divorce and family lawyer near me”
“divorce lawyers for men near me”
“black divorce lawyers near me”
“male divorce lawyers”
“black divorce lawyers”
“family law divorce lawyers”
“contested divorce lawyer”
“best divorce lawyers”
“best divorce lawyers near me”
“child support attorney near me”
“cheap divorce lawyers near me”
“family court lawyers near me”
“best divorce attorney”
“family court attorney”
“divorce and immigration lawyer”
“good divorce attorney”
“divorce and custody lawyers near me”
“I need a divorce lawyer”
“a divorce lawyer”
“divorce lawyers for men’s rights”
“attorney divorce near me”
“the best divorce lawyers near me”
“divorce lawyers for dads”
“divorce mediation attorney”
“uncontested divorce attorney near me”
“collaborative law divorce”
“legal aid divorce attorney”
“aggressive divorce lawyer”