Grandparent and Other Relative Visitation
Grandparents may be entitled to receive court ordered visitation with their grandchildren. However, grandparent visitation is complicated and will depend on:
1.) Whether a legal proceeding has been instituted or may be instituted;
2.) Whether the minor child is married or unmarried;
3.) The grandparent’s relationship to and with the child
4.) The grandparent’s relationship to a parent of the child;
5.) Whether the parent of the child is alive or dead;
6.) The parent’s relationship to the child both legally and with respect to the parent’s presence in the child’s life
7.) Whether that relationship would be interfered with by the grandparent being granted visitation;
8.) Whether or not the child has resided with the grandparent;
9.) Whether the minor child has been adopted and, if so, by whom.
Other persons, including relatives, may also seek court ordered parenting time with a minor child although it is much more difficult than when a grandparent does. The minor child must be unmarried, must have resided in a household with the person seeking visitation for two years or longer and must no longer reside with them. The person seeking visitation also must not have been a foster parent to the child. If these conditions are met, the person seeking visitation may petition the Court for an order granting the person “reasonable visitation rights” to the child during the child’s minority.
In determining whether to grant such an order, the Court will consider, among other things, whether visitation rights would be in the best interests of a child, whether the person seeking visitation and the child have established emotional ties creating a parent and child relationship, whether visitation rights would interfere with the relationship between the custodial parent and the child and what the reasonable preferences of the child are if they are of a sufficient age to express such a preference.
Contact us to arrange an appointment to speak to one of our lawyers about your grandparent and other relative visitation matter.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.