Grandparent Visitation

Grandparents have visitation rights after parents divorce.

One of the saddest consequences of divorce occurs when loving grandparents are denied the opportunity to visit with their grandchildren. Today, grandparent visitation laws permit grandparents to petition for a court order allowing them visitation privileges when a divorce or separation takes place.

If grandparents win a court order of visitation rights, they can seek a contempt of court citation against a parent who continues to deny them those rights. On the other hand, an order requiring grandparent visitation, like any court order, can be appealed to a higher court if an argument can be made that it was erroneous, or not in the best interests of the grandchild.

To win a court order of grandparent visitation, you usually must show that you have played an integral part in your grandchild's life and that it is not in the child's best interest to be kept away from you. If you have only seen your grandchild occasionally, or you have been only peripherally involved in his or her life, however, you may have a difficult time winning a visitation order.

If you are awarded visitation privileges, they will usually continue until the child becomes an adult, or until the court determines that visitation is no longer in the grandchild's best interest. And if your grandchild is adopted by someone other than a stepparent, visitation rights may also be terminated.

A court order permitting grandparent visitation doesn't mean that the grandchild's parent will be prohibited from moving out of state, although it may contain provisions for modifying visitation rights when an out-of-state move takes place. For example, a court which had ordered visitation for one weekend each month could modify the order and require the parent to allow the grandchildren to visit during summer vacation or over the Christmas holidays.