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All suits for grandparents’ rights involve the question of whether visits with grandparents are in the best interests of the children. Grandparents must generally prove that their visits will not be harmful to the children involved. No grandparents have automatic legal “rights” to see or “visit” their grandchildren.
But in some states, they may have rights to petition the court for visitation in certain situations—frequently in the case of families separated by events such as divorce, incarceration, or the death of a parent. While the rules governing grandparent visitation vary from state to state, generally, a parent must be preventing visits before a grandparent can seek court intervention. For example, grandparents can’t file a visitation action simply because they want more time with their grandchildren. What About Grandparent Visitation Rights? Grandparent visitation is different from custody.
All states of the United States have addressed grandparent visitation in state law. In Canada, six provinces and one territory have legalized grandparents’ visitation rights, and grandparents can still sue as interested parties in the other areas. BEFORE YOU FILE FOR VISITATION WITH YOUR GRANDCHILD REMEMBER THAT IN ADDITION TO THE ABOVE-MENTIONED REQUIREMENTS YOU MUST BE ABLE TO SHOW THAT THE CHILD’S PARENT HAS UNREASONABLY DENIED YOU VISITATION AND THAT THE DENIAL HAS CAUSED THE CHILD UNDUE MENTAL, PHYSICAL, OR EMOTIONAL HARM.
In a separate section of the law, 126.96.36.199, grandparents are allowed to sue for visitation if their child who is the parent of the grandchildren in question is deceased. A similar statute, 188.8.131.52, allows for visitation as part of a divorce proceeding under a particular set of circumstances. How does the court process work for grandparent visitation? After a grandparent files a petition (legal paperwork) for visitation rights, the court may appoint a “guardian ad litem” (independent advocate and spokesperson) for the child and send the parties to mediation if the court finds that the grandparent can bear the cost.
Often, parties who are sent to mediation can come up with their own visitation. A grandparent must file a petition requesting visitation with the court. A judge will schedule a hearing to review the circumstances of the case and allow the child’s parents to respond.
All of the following factors must be present for a judge to grant grandparent visitatio. In general, a grandparent who wants to ask for visitation with a grandchild must: Figure out if there is a family court case already open As just explained, you first need to figure out if there is a family court case already open involving your grandchild and his or her parents. If so, you can file a petition under that case.
Illinois Grandparent Visitation Rights Explained. Article written by Attorney Kevin O’Flaherty. Updated on. October 28, 2019.
In this article, we explain visitation laws for grandparents in Illinois. While parents have fundamental rights to see and raise their children, grandparents do not. Third party guardians, including grandparents, cannot.
List of related literature:
|from California Family Law for Paralegals|
|from Rebuilding: When Your Relationship Ends|
|from The Developing Person Through the Life Span (paper)|
|from Richards on Tennessee Family Law|
|from An Introduction to the American Legal System|
|from Issues in Aging|
|from California Advance Sheet February 2012|
|from Paralegal Today: The Legal Team at Work|
|from Principles and Practice of Forensic Psychiatry, Third Edition|
|from Mothers on Trial: The Battle for Children and Custody|