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Although all 50 states have grandparents' rights in place, around 20 states have what are called restrictive visitation statutes. These states, like Alabama and Georgia, only allow a grandparent to petition the court for visitation rights if the child's parents are getting divorced or if one or both parents pass away.
You must file a "petition," (formal written request) with the court in the county where your grandchild lives. In your petition, you will describe your proposed schedule for court-ordered time.
Montana statutes present several avenues where grandparents can file an action with courts to obtain custody, visitation, and/or some other rights to their grandchildren.
If you plan to take over the care of your grandchild for more than a brief period of time, or more importantly, if you wish to have legal authority over your grandchild, you will need to become your grandchild's legal guardian.
In Montana, grandparents have a legal right to request reasonable contact with their grandchildren at any time, including before or after one parent's death, divorce, and/or separation. This right applies to biological or adoptive grandparents and great-grandparents.