Grandparent Rights - Visitation

In the past, extended families played larger parts in the lives of children. Family members often lived in close proximity to one another, and parents tended to stay together. With increased technology and transportation, however, today's families are often separated by physical distance, if not emotional distance stemming from divorce.

 

Grandparents often play a large role in the lives of their grandchildren, providing them not only with love and comfort but also with financial and other types of support. When the parents' relationship is strained or terminated, grandparents are sometimes denied the right to see their grandchildren. Although traditionally grandparents had no legal recourse, all states now have laws allowing grandparents to request visitation rights with their grandchildren. These laws determine who may petition for visitation, when they may do so, and how the state courts will decide whether to grant visitation. Most state laws also include special rules governing visitation after adoption.

 

 

State law governs all aspects of grandparent visitation, and the laws of the 50 states vary considerably. Although this article provides an overview of the rights that may be available, please contact an attorney for advice about your specific situation. In any case, requesting the assistance of the judicial system should serve as a last resort. Not only is litigation financially and emotionally costly to everyone involved, including the child, it also tends to sever any remaining family bonds.

 

 

Who May Petition

 

 

Most states allow grandparents and siblings to request visitation. Some states go further, allowing relatives from the extended family to request visitation, including aunts and uncles. The most liberal states even allow non-relatives to request visitation if they have a significant relationship with the child.

 

 

When a Petition May Be Filed

 

 

Although a few states do not specify an event that triggers grandparents' rights to request visitation, most do. Typically, after the parents divorce or one parent dies, grandparents have the right to petition for visitation rights. Some states include less stringent triggers, such as the incarceration of a parent, as well.

 

 

How to Determine Whether Visitation Should be Granted

 

 

State statutes also determine the standard courts will use to determine whether to grant visitation to grandparents. Much like custody disputes; most states consider the best interest of the child in determining whether visitation is appropriate. In some states, laws specifically delineate the factors the courts should consider in deciding what arrangement is in the child's best interest.

 

 

Visitation After Adoption

 

 

When a child is adopted, the biological parent-child relationship is legally terminated, such that even the biological parents cannot have visitation with the child. In most states, the child's biological grandparents also lose their rights relating to the child, including the right to ask for visitation.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.