What Grandparents Should Know About Their Visitation Rights
Grandparent rights when it comes to visitation and even certain forms of custody have come a long way. All states now have provisions on the books that address this important issue. When the circumstances call for it, a grandparent has a right to ask for visitation with their grandchild. Find out more about these rights by reading below.
What Are Grandparent Rights?
Grandparent visitation rights refer to the legal rights of grandparents to visit their grandchildren, even if the children's parents object to the visitation. These rights vary depending on the state or country, as each jurisdiction has its own laws and regulations regarding grandparent visitation. Below are listed some examples of grandparent rights to visitation and more.
Court-ordered visitation: In some states, grandparents can petition the court for visitation rights if they are being denied access to their grandchildren. The court will consider various factors, such as the relationship between the grandparents and grandchildren, the parents' reasons for denying visitation, and the best interests of the child. For example, if the parents are against visitation, the judge will find out more about the reasons for the denial of visitation. Some reasons to rule against the grandparents might include their health, their religious practices, their location, and more.
De facto custody or guardianship: In some cases, grandparents may be granted de facto custody or guardianship of their grandchildren if the parents are unable or unwilling to care for them. This can give the grandparents legal authority to make decisions about the child's upbringing and well-being. In many cases, this type of custody is temporary and based on the rehabilitation of the parent. However, some grandparents end up adopting their grandchildren when the parents are unfit, incarcerated, or in poor health.
In loco parentis status: This Latin phrase means "in the place of a parent" and refers to situations where a grandparent has been acting as the child's primary caregiver or parent. In some states, grandparents who have loco parentis status may have greater legal rights to visitation or custody of their grandchildren. When a child is continually left in the care of the grandparents, they may have more rights to visitation and custody than might otherwise be granted.
It's important to note that grandparent visitation rights can be complex and are often subject to legal disputes. It's recommended that grandparents consult with an attorney who specializes in family law and grandparent rights if they are facing difficulties with visitation. Learn more by speaking with a family law attorney.
Share
