On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday February 15th, 2023.
Visitation rights can include different ways the grandparents may be restricted from visiting their children. It can be due to divorce or separation between their parents. It can also include restriction orders in the child’s best interest.
Grandparent’s Visitation Laws
Almost every state offers grandparents the right to request visitation rights from the court to maintain a good relationship with their grandchildren. State laws vary depending upon the circumstances under which permission is required.
In many states, grandparents are restricted from meeting their grandchildren and require a court order for visitation. This is usually when the parents are separating or divorcing, or one or both parents have died.
In other states, spearing parents have a right to restrict grandparents from visiting their children. Such restriction can only be done for the children’s best interest. But most states allow the grandparents to request visitation regardless of the separation or death of the parents.
Application Process for Visitation
Grandparents apply for visitation rights to the court. The application can be considered based on the nature of the application of contact, the relationship between the child and the grandparent, and the safety of the children. The court ensures that the grandparents must not be potentially harmful to the kids.
If one or both parents raise an objection regarding the grandparent’s request for visitation, a proper hearing will be conducted to resolve the matter. Both parties provide evidence during the hearing as to why or why not the grandparents should be in contact with the children.
It is essential for the grandparents to have professional legal assistance to convince the court that they have a good and healthy relationship with their grandchildren and should be granted the right to visit them.
The court considers all the aspects of the situation when it comes to granting permission. They must ensure that the relationship between parents and their children is not affected if the grandparents have visitation rights. The overall well-being of the child is the priority of the court. Most of the time, if the visitation request is denied, it is under extreme circumstances.