Visitation Rights of Grandparents

grandparentsWhen two parents get divorced they already have a lot on their plate to deal with, such as separation of financial and monetary assets and deciding who gets custody of the children. Once the court decides which parent will be the custodial parent and which parent will be the non-custodial or non-residential parent the issues of visitation and supervised visitation crop up.

This won’t be the case if the parents are given joint custody of the child/children. But if one parent gets sole custody and the other parent gets visitation rights then what about the grandparents of the children or the grandparents of the non-custodial parent and their visitation rights?

Visitation rights of grandparents differ from state to state in different countries. Firstly, the court has to arrive at the conclusion that even though the parents are divorced the child still shares a very strong bond with one or both grandparents. There should be a pre-existing relationship between the grandchild and the grandparent that has led to the development of a strong bond. The court will also see if it’s in the best interest of the child to see his grandparents or have them visit.

If the court is satisfied that the child takes immense pleasure and gains a lot of happiness from seeing, interacting and spending time with his or her grandparents and if the parents give their approval for the same and have no objections then the court will grant visitation rights to the grandparents. Grandparents will also be granted visitation rights when –

  1. The child’s parents are divorced/separated
  2. A stepparent has adopted the grandchild
  3. The parents cannot be found and have been missing for over a month
  4. The child does not live with either parent
  5. If either parent supports the grandparents’ petition for granting visitation rights