Visitation Rights of Grandparents
Grandparents have some rights concerning visitation of their grandchildren. However, they are not as strong or extensive as the rights of parents.
The laws in this area vary widely by state, so you should check the laws in your state for more detailed information before proceeding.
In most states, grandparents have a limited legal right to visit their children whether or not the parents’ marriage has been dissolved, or one or both parents have died. About 20 states, however, have more restrictive visitation laws, and will create a legal right of visitation for grandparents only in the event of divorce by the parents, or the death of one or both parents.
In most states, however, grandparents only need to convince a court that visitation rights would be in the best interests of the child to get a court order for visitation.
Grandparents facing resistance to visitation from the parents of the child generally have to show that some type of harm will result to the child if they are denied visitation. This is sometimes difficult to prove.
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Last Modified: 06-01-2010 03:03 PM PDT
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