Various state differences when dealing with grandparents visitation rights

One of the things that can be most confusing confusing when addressing the issue of grandparents visitation in court are the difference in state statues and practice, depending upon where you live.

To figure out exactly which laws the courts in your states much follow when dealing with grandparents rights, visit The Custody Center.

Different state statutes providing visitation to grandparents generally require that a number of conditions occur before grandparents visitation rights can be granted. For instance, the marital status of the parents must be considered in a majority of states before a court will evaluate the relevant factors to determine if grandparents visitation is appropriate.

In some of these differing states, the parents’ marital status is considered only if the grandparent or grandparents have been denied visitation by the parents. In other states, marital status is considered only if the grandchild resided with the grandparents for a certain length of time.

State statutes vary in their treatment of cases in which a grandchild has been adopted. In several states, the adoption of the grandchild by anyone, including a stepparent or another grandparent, then terminates the grandparents visitation right. In some other states, adoption by a stepparent or another grandparent does not terminate visitation rights, but adoption by anyone else does in fact terminate these rights. In other states, adoption simply has no effect on grandparents visitation rights.

Once the statutory conditions for grandparents visitation are met, grandparents must establish the factors that courts may consider to grant grandparents visitation rights. Grandparents in every state must at the least prove that granting visitation to the grandchild is in the best interest of the child. Several states also require that the court consider the prior relationship between the grandparent and the grandchild and the effect grandparents visitation will have on the relationship between the parent and child.

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Source: The Custody Center