Grandparent Visitation Rights
Grandparents have a right to seek reasonable visitation with their grandchildren in cases where they have an existing established bond with their grandchildren. The courts look at the best interest of the child; and consider a pre-existent bond to be in the best interest of the child in most cases. The courts then balance the best interest of the child in having visits with his/her grandparents with the interests of the parents to make decisions about the child.
If the parents of the child live are married and live together, generally the grandparents may not file a request for visitation rights. Exceptions are:
- parents are married but live separately
- parents’ whereabouts are unknown
- one of the parents joins the grandparents’ petition for visitation
- the grandchild does not live with either parent
- the grandchild has been adopted by a stepparent.
It is highly encouraged, however, to seek alternative ways to secure visitation with your grandchildren; either through mediation or another conciliatory process.
