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Do grandparents have visitation rights?

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Do Grandparents Have Visitation Rights?Answer: From: Charles D. Jamieson, Esquire Over the last several decades, increasing numbers of grandparents have been denied visitation rights after divorce. In response, grandparents have joined together to get laws passed giving grandparents the right to petition for visitation in the case of divorce or parental death. One by one, these laws were adopted in various forms, until all states had one. However, once the laws were established, it was found that grandparents who had visitation in one state would have to litigate all over again if their grandchild's custodial parent moved to another state. more
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In many divorces, the parties hate each other so much that they try to get back at each other by refusing to permit the grandparents to visit with the children. For many of our senior citizens, seeing their grandchildren is the most cherished part of their life. In my opinion, in most cases the courts will grant grandparents visitation rights even if the custodial parent objects. Grandparent visitation is a very rapidly expanding field of law. The courts are very reluctant to deny a grandparent the right to visit with their beloved grandchildren. In general, grandparents must apply for visitation with grandchildren. The grandparent must file motion of complaint for visitation with the court. The court will then refer the case to custody mediation. At the mediation, a court-appointed mediator will try to get the parties to agree on a visitation schedule. If the mediation session is not successful, then the case will be referred to a judge. The court will then formulate a reasonable ... more
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The simple answer is "yes, but". The "but" is due to the limitations under which grandparent visitation can be ordered by a court. Grandparents typically may join an action between the parents, or even start an independent action, for the purpose of obtaining a court order for visitation with grandchildren. The problem is that the grandparent may have to prove to the court that harm will occur to the grandchild in the absence of visitation. Since it is typically viewed that parents have a fundamental right to the care, custody and management of their child, only a compelling interest would be sufficient to allow a state (via its courts) to interfere with the parent's right to raise his/her child without such interference. This may be difficult to prove, since the grandparent has the obligation to prove that harm will result to the child's health and welfare should the court not order the parents to allow visitation with the grandparent. This is a difficult burden of proof to sustain. more
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In many divorces, the parties hate each other so much that they try to get back at each other by refusing to permit the grandparents to visit with the children. For many of our senior citizens, seeing their grandchildren is the most cherished part of their life. In my opinion, in most cases the courts will grant grandparents visitation rights even if the custodial parent objects. Grandparent visitation is a very rapidly expanding field of law. The courts are very reluctant to deny a grandparent the right to visit with their beloved grandchildren. In general, grandparents must apply for visitation with grandchildren. The grandparent must file motion of complaint for visitation with the court. more
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Grandparents typically may join an action between the parents, or even start an independent action, for the purpose of obtaining a court order for visitation with grandchildren. However, the grandparent must show that harm will result to the child should the court not order visitation with the grandparent. more
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Depends on the grandparent's involvement in the child's life. My mom has grandparents visitation for my sister's kids. But my mom basically raised the kid for the first year. more
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