Grandparents may seek custody or visitation of their grandchildren under certain conditions, with the primary consideration being the best interests of the child. Below is an overview of how the law treats grandparents’ rights in custody and visitation matters.
Grandparent Custody Rights:
A grandparent may be granted custody of a child if:
- The grandparent began the relationship with the child with parental consent or by court order.
- The grandparent has assumed responsibility for the child or is willing to assume responsibility.
- One of the following conditions is met:
- The child has been determined to be dependent under juvenile delinquency statutes.
- The child is at substantial risk due to parental incapacity, neglect, abuse (drug, alcohol), or other factors.
- The grandparent has acted as the parent of the child for at least 12 months.
Presumptions in Custody Cases:
- Parent vs. Parent: No presumption in favor of either parent; the court evaluates the best interests of the child.
- Parent vs. Third Party (like a grandparent): There is a presumption that the parent will get custody. This can be overcome by clear and convincing evidence showing that granting custody to the parent is not in the best interest of the child.
- Third Party vs. Third Party: No presumption for either party; the court evaluates the best interests of the child.
Visitation Rights for Grandparents:
- Grandparents and Third Parties: Grandparents and other third parties may be granted visitation rights if they have a long-standing relationship with the child and the court believes visitation is in the best interests of the child.
- Best Interests of the Child Standard: This standard is applied to determine if visitation is appropriate.
- Parent’s Conduct: A parent’s cohabitation or sexual conduct is typically not a reason to restrict visitation. Similarly, HIV/AIDS status cannot be the sole basis for denying visitation.
- Enforcement of Visitation Orders: If visitation rights are violated, the court can hold the violating party in contempt, potentially issuing fines or jail time.
Grandparents Visitation Rights:
Grandparents may seek visitation if:
- A parent is deceased or the marriage has been dissolved.
- The child has lived with the grandparents for at least one year.
- Grandparents must demonstrate the best interests of the child and show that visitation will not interfere with the parent-child relationship.
Enforcement of Visitation Orders:
If a party refuses to comply with visitation orders:
- Civil court orders can enforce compliance with fines or jail time.
- Violators may also be required to pay attorney’s fees and court costs.
- Out-of-state visitation orders will be enforced if registered in the state, under the Federal Parental Kidnapping Prevention Act.
Contempt for Violation of Custody Orders:
If a party willfully fails to comply with a custody order, they may be found in contempt, with potential consequences:
- Imprisonment for up to 6 months.
- A fine of up to $500.
- Probation for up to 6 months.
- Suspension of a driver’s license.
- Attorney’s fees and costs.
Child’s Preference in Custody Cases:
The child’s preference may be considered in custody determinations, but its weight depends on the child’s age and maturity. Older children’s preferences are given more consideration.
Appointment of Guardian ad Litem:
In contested cases, the court may appoint an attorney for the child (guardian ad litem) to advocate for the child’s interests. The attorney’s fees are typically paid by the parents.
How Divorce Lawyer R. Badet Can Help:
If you are a grandparent seeking custody or visitation rights, or if you’re facing a child custody case, Divorce Lawyer R. Badet can help you navigate these complex matters. With experience in family law, R. Badet is committed to securing the best outcome for you and your family. He can guide you through custody battles, visitation disputes, and other family law issues, providing sound legal advice and representation.
For more information or to schedule a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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Feel free to reach out if you need more detailed information or have any questions!