Grandparent Visitation
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.
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