Grandparents concerned with visitation rights should know that there are no firm rules for determining when a court will grant visitation as every case is decided on its own facts and merits. Grandparents can, however, take steps to improve their chances of gaining visitation rights.
In deciding visitation cases, courts often consider the previous relationship between the grandparent and grandchild, and they look favorably on evidence of a consistent and caring relationship. For this reason, a grandparent should try to build a meaningful relationship with a child from the outset.
If the child’s parent rejects the grandparent’s efforts to visit, the grandparent should keep a record of his or her attempted contacts and continue to make a reasonable effort to preserve the relationship with the grandchild, such as by sending gifts and cards.
When it comes time to meet with an attorney, grandparents should have documentary evidence and names of witnesses to support their claim that visitation is in the best interest of the child.
In my book No Greater Loss I discuss the best methods for grandparents to solidify these claims and the best practices for grandparents in their relationship with their grandchildren.