The visitation rights of grandparents vary from state to state. The grandparents must generally prove that they should have visitation rights based on certain situations and that visitation will be in the best interest of the child. Not all grandparents are granted court-ordered visitation to their grandchildren based on previous actions.
Deceased Child
If the grandchild's parent is deceased, the parents of the deceased child can petition for visitation rights. The grandparents must assure that having visitation will be in the best interest of the grandchild. Also visitation rights must not interfere with the relationship between the grandchild and the remaining living parent. Any complications or a bad relationship between the grandparents and the remaining parent may cause visitation to be denied.
Cared for Grandchild
Grandparents can be granted visitation rights if they had previously cared for the grandchild. The grandchildren may have stayed with the grandparents for a stable environment or if the parent was incarcerated or receiving some type of treatment. Grandparents can petition the courts for visitation in these situations. Grandparents can also ask for some type of legal guardianship or custody if they can prove that it is in the best interest of the child to continue residing with them.
Divorcing Parents
If the parents are going through a bad divorce and the grandparents are being denied access to the grandchildren, they can petition for visitation. It can beneficial for the grandchildren to maintain stable and healthy relationships with grandparents during and after difficult times, such as a divorce. The grandparents must prove that visitation will be in the best interest of the child. Also the grandparents should not make any derogatory statements about parents to the grandchild to cause any trouble with the parents.
