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Grandparent visitation

Visitation is a term used to describe the access schedule granted to an individual, usually a parent, who does not have primary physical custody of a minor child. There are three situations in which a grandparent or great-grandparent may have the right to petition the court for visitation rights with a grandchild or great-grandchild:

  1. The parents or grandparents of a deceased parent may be granted visitation rights to the minor child of the deceased parent.
  2. The parent or grandparents of a party involved in a divorce, custody, legal separation, annulment or parentage proceeding may request that the court grant reasonable visitation rights to the minor child of the party. The parent or grandparent may make the request after the commencement of the proceeding or at any time after its completion, until the child is no longer a minor.
  3. A grandparent or great-grandparent may petition the court for visitation rights if their minor grandchild or great-grandchild resided with him or her for a period of twelve months or more. The twelve month time period does not have to be consecutive and the parent(s) of the child may have resided with the grandparent or great-grandparent as well.

In the situations described in paragraphs 1 & 2 on the previous page, the court must consider the amount of personal contact the grandparent or great-grandparent has had with the minor child prior to the petition.

In all three situations, the court will grant visitation if it determines that it would be in the best interest of the minor child and that it would not interfere with the parent-child relationship.

Allegations by the parent that interference will or has occurred are not enough. The court must determine by a preponderance of the evidence, after a hearing, that the visitation would interfere with the relationship between the parent and the child before visitation is denied on this basis.

As with other visitation disputes, grandparent visitation can be very emotional and frustrating for all involved, including the minor children. Courts do not like to get involved with how a father or mother parents his or her children, but they also recognize the benefits of a close relationship with a child’s extended family.

It is important to consult with an attorney who is experienced in grandparent visitation issues before beginning this process to ensure that the court will hear your request, and that all elements of grandparent or great-grandparent visitation are thoroughly presented to the court.