A Closer Look into Important Questions Related to Grandparents Visitation Rights
If you are grandparent interested in getting visitation rights to see your grandchild then you will have to ensure that you will qualify to apply for the same. In this context, we will look into some important questions that you need to be aware of before going to the court.
What is the best approach for setting up visitation schedule?
Ideally, grandparents should discuss this issue with parents of the child so that you can reach upon a mutual agreement. Such type of agreement will be a lot better in comparison to grandparent’s visitation rights and schedule defined by the court.
What is considered reasonable visitation schedule?
According to law, grandparents usually get reasonable visitation rights only when following two conditions can be fulfilled:
• Allowing grandparents to visit the child will be in his or her best interest.
• Such visitation will not interfere or affect relationship between child and the parents.
What are the factors that court takes into consideration to decide what would be in child’s best interest?
Court will look into several factors to ensure child’s best interest remains the main priority. Let us go through details of few of the factors court will look into.
• Age of the child
• Relationship between grandparents and the child
• Relationship between grandparents and kid’s parents.
• How much time has elapsed since grandparent contacted the child?
• Will there be any negative effect over relationship child has with parents in case visitation rights are granted to grandparents?
• Does child has enough time to allocate for such visitation by grandparents?
• Does filing of motion for grandparents visitation rights are being done in good faith?
• Is there any record of any abuse performed or assisted by grandparents?
• Did the child ever live with his or her grandparents for a long time, irrespective of whether child’s parents accompanied the child during such stay or not?
• Have grandparents always been one of the significant caretakers for kid?
• Courts will also consider preferences parents have with respect to such grandparents visitation rights.
Who is a guardian ad litem?
Guardian ad litem is usually appointed by court and is a person who has the responsibility of ensuring child’s best interest when decision about grandparent’s visitation rights is taken.
This person is not related to the child and is normally a lawyer appointed by the court for this purpose.
Who is considered a grandparent and can go to court for visitation rights?
As per laws, following people qualify to be grandparent of a child:
• Biological grandparents of the child
• Someone who is married to one of child’s biological grandparents
• A person who has received custody of biological parents of the child
What are the limitations courts can impose on visitation rights of children?
Depending upon situation, court can impose following restrictions on grandparents visitation rights such as:
• Court can prevent grandparents from influencing religion of child in case it is different from religion of parents.
• Grandparents are also not allowed to expose a child to circumstances or conditions that are against parent’s preferences.
Thus, to conclude it can be said that courts follow certain rules when considering visitation rights of grandparents.If you are a grandparent interested in applying for ch rights then it will be important to understand all the rules before applying for the same.