Courts convene to consider the extent of grandparents rights in any custody or visitation case, the one huge overriding factor is the standard of Best Interest of the Child. Courts in every jurisdiction across the country must consider the best interests of the child standard when granting custody or visitation rights to a grandparent.
The factors which determine that “best interest” are of primary importance to the court when considering what to do. Basically, if you are involved in this type of case the court will look at these factors above all else when evaluating how far grandparents rights extend.
Generally these factors include:
- The wishes of the parents and the grandparents
- The length and strength of the relationship between the grandparent and grandchild
- The needs of the child regarding emotional and physical health
- The physical safety of the child
- The capability of the parents to meet the needs of the child
- Any evidence of abuse or neglect by the parents
- Evidence of substance abuse or immoral and inappropriate behavior by the parents
- The wishes of the child (but only if the child seems reasonably capable of making such decisions)
- The child’s adjustment to the potential home, school, or community
- The ability of the grandparent to provide love, affection, structure, and contact with the child
- The physical distance between the child and the grandparents and parents
There is just no hard and fast rule when considering these factors. It is better to consult a resource like The Custody Center to find out exactly how these factors are applied by your state and how what you should consider before going to a lawyer or the courts to take up these matters.
Remember, the subject of grandparents rights is awash in confusion and uncertainty, so it pays to be informed. Let a guide like The Custody Center steer you in the right direction before you make a massive financial commitment to a lawyer. Please learn what there is to know, and go into this trying time well informed.
NEIL
