A grandparent has a right to intervene and seek visitation rights in a case concerning divorce of the parents or a parent of the child.
Grandparents cannot bring an action for visitation when the parents are not separated, and the child lives with both parents.
Grandparents may intervene in a divorce case and seek custody. To prevail in a custody case, a grandparent must show that an award of custody to a parent would harm the child. There is a presumption in favor of the parent. The harm that a grandparent must show to prevail in a custody case is either physical harm or significant long-term emotional harm; not merely social or economic disadvantages.
A grandparent has a right to intervene and seek visitation rights in a case concerning divorce of the parents or a parent of the child. Grandparents cannot bring an action for visitation when the parents are not separated, and the child lives with both parents. In cases in which the child is not living with both parents, the court can grant grandparents reasonable visitation if the court finds by clear and convincing evidence that the health and/or welfare of the child would be harmed unless such visitation is granted.
Allen Harris has knowledge, experience and expertise in handling cases involving grandparents’ custody and visitation rights. Schedule a Consultation today.
