Case law shows that most states take into account the following factors when determining grandparents visitation rights:
1. 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.
2. The capability of the parents and/or grandparents to meet the needs of the child.
3. The wishes of the parents and the grand-parents.
4. The wishes of the child, if the child is capable of making decisions for himself or herself.
5. The strength of the relationship between the grandparents and grandchild.
6. The length of the relationship between the grandparents and grandchild.
7. Evidence of abuse or neglect by the parents or grandparents.
8. Evidence of substance abuse by the parents or grandparents.
9. The child’s adjustment to the home, school, or community.
10. 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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