| If you ask to your friend or your colleagues, most of | | | | Therefore, courts often recommend that parent and |
| them will tell you that grandparents do not have no | | | | grandparents reach an agreement out of court. |
| common law right to see their grandchildren if the | | | | Under specific circumstances grandparents can be |
| parents object. And for the most part, all these | | | | granted custody rights of the child. When one parent |
| people are right in some respects. Interestingly, there | | | | is deceased the other surviving parent is typically |
| is no basis in constitutional law regarding grandparent | | | | preferred to obtain the custody of the child if |
| visitation rights in the United States. However it is | | | | deemed fit. But if both parents are deceased, the |
| interesting to know that grandparents can be entitled | | | | courts may decide to award the custody of the child |
| to visitation rights with grandchildren in some cases. | | | | to the grandparents since a blood relative is often |
| In order for a grandparent to obtain such visitation | | | | preferred to obtain custody. Even in this situation, the |
| rights, the grandparent may have to present | | | | grandparent has to present key evidence to the |
| evidence to the court that the absence of visitation | | | | court that the child would be better off if he/she had |
| rights would be harmful or detrimental to the | | | | custody of the child compared to other blood |
| child’s health and welfare. Considering that that | | | | relatives or third parties. The courts can make their |
| parents have a fundamental right to the care, | | | | decision taking into account the age, health and |
| custody and management of their child, the | | | | financial ability of the grandparent to properly support |
| grandparent generally has to show that there is a | | | | and care for the child. |
| sufficient reason for the court to interfere with the | | | | There are many restrictions and limitations in which |
| parent's right to for such external interference to be | | | | the court can order or grant grandparent visitation |
| imposed. Therefore it is often difficult to prove such | | | | rights. Additionally, the laws related to grandparent |
| harm to the child. Some courts or judges may also | | | | visitation rights are sometimes changing and |
| fear that allowing grandparents an external visitation | | | | developing. To learn the latest laws and |
| right could be harmful to the parental authority. It | | | | developments in your area with respect to |
| could also create intergenerational disputes which | | | | grandparent rights to child custody and visitation you |
| could be even more detrimental to the child and/or | | | | may want to consult an attorney in your jurisdiction |
| be contrary to the child’s best interest. | | | | who can advise you legally. |