Grandparents may find that they are not allowed to see their grandchildren if the parents are going through a bad divorce or have a strained relationship with the grandparents. Grandparents, whether paternal or maternal, have the right to have visitation or custody based on certain situations. However, a court appearance may be required before they can see the grandchildren again.
Visitation
Grandparents can petition the court to have visitation to see their grandchildren. This usually due to a divorce taking place between the parents. The courts usually allow visitation if it will be in the best interest of the child. The courts take into account if the grandchild has previously lived with the grandparents, if one or both of the parents are deceased and in some cases if the child has been adopted. In some states, such as California, the grandparents have the burden of proof to show that they had a relationship with the grandchild before the petition for visitation was filed, according to FindLaw.
Custody
Grandparents may also petition for custody of their grandchildren, if warranted. These are cases where the grandparents have already been the primary caregiver for the child and had the child living with them. According to Divorce Lawyer Source, if there is suspected and proven abuse or neglect by the parents, the grandparents can find for custody at that time as well. The custody issue may prove to be difficult if there is a custody battle between the parents and the grandparents. The decision will be made by a family court judge.
Best Interest of the Child
Even though grandparents have the right to petition for custody or visitation of their grandchildren, it must be in the best interest of the child. Final decisions from the judge are based on the outcome of whether it will be beneficial or detrimental to the child. Not every grandparent will be awarded custody or visitation rights. If the visitation will affect the relationship with the parents, it may not be awarded. Also, if the grandparents cannot show that have custody is in the best interest of the child, it may be denied.
