You’ve heard of parents suing for rights to their children, but how often have you heard of a grandparent suing for the right to see their grandchildren? If you’re a grandparent looking into grandparent visitation, you might be wondering what their rights are and how much the child’s parent can control.
Below you’ll find a brief guide that will fill you in on everything you need to know.
Can a Parent Deny Grandparent Visitation?
The simple answer to this question is yes, a parent can deny grandparents visitation. However, a parent must have evidence that the reason they deny visitation is in the best interest of the child’s well-being.
In other words, if the grandparents are doing things like:
- Harming the child
- Undermining rules set in place by the parent
- History of abuse or neglect
Legally if a parent denies grandparent visitation rights, nothing can be done unless the grandparent takes the parent to court to get their rights back. It’s crucial to know the situations under which asking for visitation rights would be appropriate.
Parent Partners With the Grandparent
If one of the parents encourages that the grandparent file for visitation rights, this would be a situation where filing is appropriate. It shows that at least one parent entrusts the child to the grandparent and believes that continuing a grandparent-child relationship is appropriate.
Neither Parent Has Custody
If the child has been taken out of both parent’s custody for some reason, a grandparent can pursue their visitation rights. In some cases, the grandparent can be awarded temporary custody of the child.
Awarding the grandparent with custody would ensure that the child continues to have some sense of normalcy in their lives until their parents can gain custody again.
Parent Is Incarcerated
Each situation is different, and if a parent is incarcerated, they cannot make sound decisions for their child. A court can grant the grandparent rights until the parent has served their time and are no longer in prison.
All of these scenarios are only a few in which you can pursue your rights as a grandparent. However, you should be aware that if there are changes in any situation, a parent can petition the court to have your rights terminated.
The court will do what’s in the child’s best interest. Unless there is evidence that proves a relationship with their grandparent is detrimental, you can expect to have some communication with your grandchild(ren).
Grandparent Visitation: What Are My Rights?
Grandparent visitation is something that you have to go to court to obtain. Parents can deny visitation without having cause, and that’s why if you want your rights, you have to fight for them.
If this post provided the information you were looking for, don’t hesitate to check out some of the other posts in this area. There’s tons of information that you’re not going to want to miss.