When Can Grandparents Seek Visitation Rights?Grandparents may seek visitation rights to their grandchildren when the parents of the grandchildren are divorced, separated, or have never been married. In addition, if the grandparent has an established relationship with the grandchildren, they may seek visitation rights. The court will consider the best interests of the child when determining whether to grant grandparent visitation rights.
How Do Grandparents Get Visitation Rights?Grandparents may seek visitation rights to their grandchildren by filing a petition for visitation rights with the court. The petition must include the grandparents’ contact information and the contact information of the grandchildren’s parents. The petition must also include a statement of the grandparent’s relationship with the grandchildren. The court will review the petition and may order a hearing to determine whether the grandparent should be granted visitation rights.
What Factors Does the Court Consider When Granting Visitation Rights?When determining whether to grant grandparent visitation rights, the court will consider the best interests of the child. The court will consider the following factors:
- The length and quality of the grandparent-grandchild relationship
- The mental and physical health of the grandparent and the grandchild
- The preference of the grandchild, if the grandchild is of sufficient age and maturity
- The psychological and physical health of the parents of the grandchild
- The grandparent’s moral fitness
- The grandparent’s ability to provide the grandchild with love, affection, and guidance
- The grandparent’s ability to provide the grandchild with material needs
- Whether the grandparent has attempted to interfere with the parent-child relationship