Grandparents have the right to petition the court for visitation with their grandchildren. In order to do this, they will need to file a “Petition for Grandparent Visitation” with the court. Sometimes, grandparents may be able to intervene in an ongoing child custody dispute. The court will then set a hearing date and time, at which both parties will have an opportunity to present their case.
The judge will then make a determination as to whether or not grandparents should be granted visitation rights. Factors that the judge may consider include:
- The relationship between the grandparent and the child
- The relationship between the parent and the grandparent
- The amount of time that has passed since the last visit between the grandparent and child
- The distance between the grandparent and the child
- The emotional and physical health of the grandparent
- The emotional and physical health of the child
- Any history of abuse or neglect by the grandparent
- Any history of abuse or neglect by the parent
Whether the child’s parent is deceased and the grandparents are the parents of the child’s deceased parent
A ruling may be made by these factors. It is important to have a lawyer by your side if you believe having your child visited by their grandparent will be detrimental to them. Contact us today at 615-970-6448 to learn more about your options.
Parenthood is a fundamental liberty interest, and not all grandparent visitation cases are successful because of the strong fundamental liberty interests parents have to their children; however, if the parents are not fit or if the child’s parent is deceased and the grandparents are the parents of the deceased child’s parent, and the grandparents have a strong bond with their grandchildren, then the grandparents may have a successful case.
Can I Stop My Children’s Grandparents from Seeing My Children?
It is very difficult for grandparents to interfere with your fundamental rights to your children, and the grandparents have a very high hurdle to cross before they can interfere with your rights to your children by obtaining court-ordered grandparent visitation
If, however, the grandparents have been granted visitation rights by the court, then you as the parent will need to adhere to that order granting the grandparents’ visitation rights. However, there may be some circumstances in which the court will modify or terminate a grandparent’s visitation rights. These circumstances may include:
- The child expresses a genuine desire to not have visitation with the grandparents
You relocate with the children such that the court-ordered grandparent visitation schedule is no longer feasible; or
- If there is evidence of abuse or neglect by the grandparent
To fully understand your rights, contact a family lawyer today.
What Should I Do If My Child’s Grandparents Want to Visit?
If the child’s grandparents want to visit, you should first speak with an attorney. This is because there may be specific steps that you need to take in order to protect your child.
Should I Get Legal Help?
In some cases, it may be beneficial for the grandparent and child to have a relationship. However, this decision should not be taken lightly – it is important to consider all of the factors involved before making a final decision. Contact our law firm today so we can help you make the best decision for your family.