In certain situations, grandparents may be granted custody or visitation rights if it is in the best interest of the child. Courts recognize the importance of maintaining relationships between children and grandparents, particularly when parents are unable to provide adequate care.
When Can a Grandparent Get Custody?
A court may grant custody to a grandparent if all of the following conditions are met:
- The grandparent established a relationship with the child either with parental consent or through a court order.
- The grandparent has assumed (or is willing to assume) responsibility for the child.
- At least one of the following is true:
- The child has been declared dependent under juvenile law.
- The child is at serious risk due to parental neglect, incapacity, or substance abuse.
- The grandparent has cared for the child for at least 12 months.
Presumptions in Child Custody Cases
Courts apply different presumptions depending on who is seeking custody:
- Between Two Parents: No preference is given to either parent.
- Between a Parent and a Third Party (e.g., Grandparents): The parent is presumed to have the stronger claim unless the third party proves by clear and convincing evidence that custody with them is in the child’s best interest.
- Between Two Third Parties (e.g., Grandparents vs. Stepparents): No presumption exists, and the court will rule in the child’s best interest.
Visitation Rights for Grandparents
- Terminology: Courts typically use the term visitation for grandparents and third parties, while parents receive primary or partial custody.
- Non-Custodial Parents’ Rights: A non-custodial parent is generally entitled to reasonable visitation, unless it would harm the child’s physical or mental well-being.
- Court Discretion: Courts may restrict visitation in cases of abuse or danger to the child.
- Relocation: If a parent wants to move out of state, courts will usually allow it if it benefits the child and is not an attempt to avoid visitation orders.
Third-Party Visitation Rights (Including Grandparents & Stepparents)
A court may grant visitation to grandparents, stepparents, or other third parties if a long-standing relationship exists. Courts consider:
- The best interests of the child.
- Parental behavior: A parent’s sexual conduct or cohabitation generally cannot be used to restrict visitation.
- Health status: A parent cannot be denied visitation due to HIV/AIDS.
- Interference with visitation: If a parent refuses to comply with visitation orders, courts may hold them in contempt or modify custody.
Grandparents’ Rights to Seek Visitation
Grandparents may seek court-ordered visitation under these circumstances:
- One parent is deceased.
- The child’s parents are divorced or separated.
- The child has lived with the grandparents for at least one year.
To obtain visitation, grandparents must prove:
- It is in the best interests of the child, and
- It will not interfere with the parent-child relationship.
Parental Preference: Courts must give “special weight” to a parent’s decision regarding whether grandparent visitation is in the child’s best interest.
Enforcement of Visitation Orders
If a party violates a visitation order, the court may enforce it through:
- Civil court orders that impose fines or jail time.
- Requiring the violating party to pay attorneys’ fees and court costs.
- Granting full faith and credit to custody and visitation orders from another state, as required by the Federal Parental Kidnapping Prevention Act (PKPA).
Contempt for Violating Custody & Visitation Orders
If a parent willfully disobeys a court order, they may be found in contempt, which can result in:
- Up to 6 months in jail.
- A fine of up to $500.
- Probation for up to 6 months.
- Suspension of their driver’s license.
- Being required to pay the other party’s attorneys’ fees.
Courts must specify clear conditions for release if jail time is imposed.
Child’s Preference in Custody Cases
A child’s wishes may be considered in custody disputes. However, the weight given to the child’s opinion depends on:
- Age and maturity level.
- Ability to make a well-reasoned decision.
Appointment of a Guardian ad Litem
In highly contested custody cases, the court may appoint a Guardian ad Litem (GAL)—a lawyer whose role is to advocate for the child’s best interests.
- Attorney’s fees for the GAL are usually paid by the parents.
Experienced Legal Help for Grandparents’ Rights
Attorney R. Badet has extensive experience handling grandparents’ custody and visitation cases, child custody disputes, and divorce litigation. If you are a grandparent seeking custody or visitation, legal representation is essential.
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
Popular Search Terms:
- Grandparents’ rights lawyers near me
- Best child custody attorneys
- Affordable family law attorneys
- Divorce and child custody lawyer
- Best-rated divorce attorneys
- Contested custody lawyers
- Visitation rights lawyer
- Divorce mediation attorney
- Father’s rights attorneys
- Low-cost family law firms
If you are involved in a custody or visitation case, securing experienced legal representation can make a significant difference. Contact Attorney R. Badet today for expert legal assistance.