Grand parents and visitation rights.
Created | Updated Jan 28, 2002
Should grand parents have the right to visitation with their grand children?
All states have different laws regarding this issue. But there are several basic laws that all states have in common.
The first one being that a grand parent must prove standing. That is, they must prove that they have a right to petition for visitation in the first place. A grand parent has standing if one of the parents is deceased, if the parents are divorced, or if there is a custody dispute before the courts at the time of the petition.
A grandparent is not permitted to enter a motion for grand parent visitation, if the child is adopted by someone other than a stepparent. In this case the grand parent is unable to prove standing.
Once a grand parent has shown standing, "What is in the best interests of the children" is the first consideration when deciding this issue. It is the grand parent's burden to prove that to visit them would be in the best interest of the children.
The court may consider the following factors when making a determination of the child’s best interests
1.The strength of the relationship between the child and grand parent.
If a grand parent has a long-standing relationship with their grand child, the court is more likely to grant visitation, than to a grand parent who hasn't paid any attention to the child since birth.
If the grand parent has tried to contact the grand child since birth but has been stopped by the parent, the grand parent has proved 'standing' to seek visitation and the process will move forward from there.
2.The relationship between each of the child’s parents and the grand parent.
Access may be denied if it is found that an argument ensues every time they are together. It would not be in the best interest of the children to witness a brawl weekly and perhaps begin to believe it is their fault.
3.The nature and reason for either parent’s objection to granting the grand parent visitation.
Animosity is not considered a good reason for the parent to deny visitation. If the relationship between grand parent and parent and/or child is found to be dysfunctional, visitation may be denied.
4.The effect that granting visitation will have on the relationship between the child and the child’s parent.
Similarly, if it is determined that an argument ensues between parent and child regarding the visit, visitation may be denied.
5.The residential time sharing arrangements between the parents, if the parents are divorced.
6.The good faith of the grand parent.
7. The preferences expressed by the child.
8.Any criminal history or history of physical, emotional, or sexual abuse or neglect by the grand parent.
9.Any chance that the health and safety of the child would be endangered by visitation with the grandparent or lack of it.
10.Any other factor relevant to the child’s best interest.
A grand parent needs to show reasons besides that they love the children, to be granted visitation rights. A grand parent may say that certain family traditions are practiced which the children should experience or that the children's aunts, uncles, and cousins often visit, and the children should have an opportunity to know their extended family.
A parent may counter with: it is these very traditions that they disagree with.
A parent will always counter with: fit parents have the right to choose with whom their children associate.
There are no set rules to determine weather a grand parent should get visitation rights. Each case must be examined separately.
In Washington -- Justice Madsen, in writing for the majority, stated that RCW 26.09.240 and RCW 26.10.160(3) A grand parent even being permitted to apply for visitation rights……. interferes with a parent’s fundamental interest in the care, custody and companionship o the child. The deficiency in the statutes that she saw was that the statutory standard of best interests of the child, was "insufficient to serve as a compelling state interest overruling a parent’s fundamental rights."
All states have different laws regarding this issue. But there are several basic laws that all states have in common.
The first one being that a grand parent must prove standing. That is, they must prove that they have a right to petition for visitation in the first place. A grand parent has standing if one of the parents is deceased, if the parents are divorced, or if there is a custody dispute before the courts at the time of the petition.
A grandparent is not permitted to enter a motion for grand parent visitation, if the child is adopted by someone other than a stepparent. In this case the grand parent is unable to prove standing.
Once a grand parent has shown standing, "What is in the best interests of the children" is the first consideration when deciding this issue. It is the grand parent's burden to prove that to visit them would be in the best interest of the children.
The court may consider the following factors when making a determination of the child’s best interests
1.The strength of the relationship between the child and grand parent.
If a grand parent has a long-standing relationship with their grand child, the court is more likely to grant visitation, than to a grand parent who hasn't paid any attention to the child since birth.
If the grand parent has tried to contact the grand child since birth but has been stopped by the parent, the grand parent has proved 'standing' to seek visitation and the process will move forward from there.
2.The relationship between each of the child’s parents and the grand parent.
Access may be denied if it is found that an argument ensues every time they are together. It would not be in the best interest of the children to witness a brawl weekly and perhaps begin to believe it is their fault.
3.The nature and reason for either parent’s objection to granting the grand parent visitation.
Animosity is not considered a good reason for the parent to deny visitation. If the relationship between grand parent and parent and/or child is found to be dysfunctional, visitation may be denied.
4.The effect that granting visitation will have on the relationship between the child and the child’s parent.
Similarly, if it is determined that an argument ensues between parent and child regarding the visit, visitation may be denied.
5.The residential time sharing arrangements between the parents, if the parents are divorced.
6.The good faith of the grand parent.
7. The preferences expressed by the child.
8.Any criminal history or history of physical, emotional, or sexual abuse or neglect by the grand parent.
9.Any chance that the health and safety of the child would be endangered by visitation with the grandparent or lack of it.
10.Any other factor relevant to the child’s best interest.
A grand parent needs to show reasons besides that they love the children, to be granted visitation rights. A grand parent may say that certain family traditions are practiced which the children should experience or that the children's aunts, uncles, and cousins often visit, and the children should have an opportunity to know their extended family.
A parent may counter with: it is these very traditions that they disagree with.
A parent will always counter with: fit parents have the right to choose with whom their children associate.
There are no set rules to determine weather a grand parent should get visitation rights. Each case must be examined separately.
In Washington -- Justice Madsen, in writing for the majority, stated that RCW 26.09.240 and RCW 26.10.160(3) A grand parent even being permitted to apply for visitation rights……. interferes with a parent’s fundamental interest in the care, custody and companionship o the child. The deficiency in the statutes that she saw was that the statutory standard of best interests of the child, was "insufficient to serve as a compelling state interest overruling a parent’s fundamental rights."
