Categories: Grandparents Rights

What factors does a judge consider for grandparent visitation?

Published by
neil

Many state statutes contain no set guidelines for granting visitation rights to grandparents. In the absence of any such guidelines, most judges grant visitation when it is in the best interests of the child.

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

neil

Recent Posts

Wait… I’m the Grandparent?

Becoming a grandparent young does not mean life slows down. This heartfelt Grandparents Day story…

1 day ago

The Grandparenting Lesson Behind a 1.9 Million View TikTok

One honest answer on a podcast earned 1.9 million TikTok views. Neil Taft explains why…

5 days ago

Those Grandparents Making a Difference

Twenty years of grandparenting work has introduced Neil to a community of people doing the…

2 weeks ago

Attention Is Love

Grandchildren rarely remember the gifts. They remember the grandparent who knew their favorite color and…

3 weeks ago

Changing the Only Thing We Can Change

As caring grandparents, we cannot control how parents raise our grandchildren, but we can choose…

1 month ago

Parenting Is the Science of Approximation: Grace for Caring Grandparents

Parenting is never perfect. Dr. Joshua Coleman’s wisdom reminds caring grandparents to lead with grace,…

2 months ago