In actual court cases the importance of preserving and maintaining an existing relationship between the child and their grandparents will be weighed against the custodial parent’s need to exercise their parental rights and veto such visitation if they desire.
There are several factors which judges consider:
Is there an existing, positive relationship between the grandparents and the grandchildren?
What is the child’s preference, if any?
Is the grandparent able to handle visitation?
Has the grandparent previously demonstrated concern for the child?
How will the grandparents visitation be coordinated?
How will grandparents visitation affect the family?
Unfortunately the burden falls upon the grandparents to prove that the answers to each of these questions validate the need for grandparents visitation. It is not a fair standard but one which must be addressed if the issue goes to mediation or court.
To find out more about how to prepare yourself to answer each of these questions check out the resources available at The Custody Center. There you can also find advice for keeping these issues out of mediation and courts and avoiding huge legal fees by coming to a resolution without a court case. If you have to go to court, however, you need to be prepared.
NEIL
