Case law from the courts shows that most states take into account the following factors when determining grandparents visitation rights:
* The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child.
* The capability of the parents and/or grandparents to meet the needs of the child.
* The wishes of the parents and the grandparents.
* The wishes of the child, if the child is capable of making decisions for himself or herself.
* The strength of the relationship between the grandparents and grandchild.
* The length of the relationship between the grandparents and grandchild.
* Evidence of abuse or neglect by the parents or grandparents.
* Evidence of substance abuse by the parents or grandparents.
* The child’s adjustment to the home, school, or community.
* The ability of the parents or grandparents to provide love, affection, and contact with the child and the distance between the child and the parents or grandparents.
As a grandparent your best method of determining your grandparents rights in your state is to go to a place like The Custody Center and take advantage of their many resources and their knowledge of individual state laws regarding grandparents rights.
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