Courts may award a grandparent custody of a grandchild if it serves the child’s best interests and:
- The bond between the grandparent and child began with a parent’s permission or through a court order;
- The grandparent has taken or is prepared to take responsibility for the child; and
- One of these conditions applies:
- The child has been deemed dependent due to issues such as delinquency or neglect;
- The child is at serious risk because of a parent’s incapacity, or due to drug or alcohol abuse; or
- The grandparent acted as the child’s primary caregiver for a continuous 12-month period.
Presumptions in Custody Battles
- When both parents dispute custody: Neither parent is automatically favored.
- When a parent and a third party dispute custody: The law presumes the parent should have custody, unless clear and convincing evidence shows otherwise.
- When two third parties dispute custody: Neither party holds a legal presumption of custody.
Visitation Rights
In general, the term “visitation” often refers to time granted to grandparents or other third parties. For parents, courts typically refer to “primary custody” and “partial custody.”
- A non-custodial parent is usually permitted a reasonable visitation schedule, barring potential harm to the child’s mental or physical health.
- Courts rarely deny visitation altogether; it generally occurs in cases of physical or sexual abuse.
- Courts can impose restrictions on when, where, or under what circumstances visits occur.
- A parent may move out of state with the child if it genuinely benefits the parent or the child, as opposed to an attempt at avoiding the established custody arrangement.
Third-Party Visitation
- Grandparents and stepparents may be granted visitation rights, particularly if they have maintained a significant role in the child’s life.
- Decisions revolve around the child’s best interests.
- A parent’s dating or living situation alone generally does not justify limiting visitation.
- Health conditions like HIV or AIDS cannot serve as grounds to refuse visitation.
- If one parent obstructs or ignores a visitation order, legal remedies might include contempt of court or a reconsideration of custody.
Grandparents’ Visitation
- Grandparents may request visitation if one parent is deceased, if the parents are divorced, or if the child has lived with the grandparents for a full year.
- They must prove that granting them visitation serves the child’s best interests and does not unduly interfere with the parent-child relationship.
- Courts give “special weight” to a parent’s judgment about whether third-party visits benefit the child.
Enforcing Visitation Orders
- Courts may issue civil orders threatening fines or jail time for those who fail to comply.
- Violators could also be responsible for legal fees and other costs.
- Custody or visitation orders from another state must be registered locally for enforcement under the Federal Parental Kidnapping Prevention Act.
Contempt for Custody and Visitation Violations
Any party who willfully disregards a custody order may be found in contempt of court. Possible penalties include:
- Up to six months in jail;
- A fine of up to $500;
- Up to six months of probation;
- Driver’s license suspension; and/or
- Attorney’s fees and associated costs.
If someone is jailed, the court order must specify what actions or conditions will lead to their release.
Considering the Child’s Preference
A child’s wishes factor into custody decisions, but the degree of influence depends on the child’s age and maturity.
Appointment of a Guardian ad Litem
In highly contested custody cases, a court can appoint a lawyer for the child. This attorney advocates for the child’s preferences. Typically, both parents share responsibility for these legal costs.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers experienced support throughout the divorce process, including spousal support, child support, custody cases, and more. He has the background to guide you toward the best outcome in your situation. For details on your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. His many years of experience in Family Law and Criminal Law equip him to represent clients effectively in court.
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