Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
District of Columbia USLegal Guide to Grandparent Visitation
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Multi-State
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US-GDE-04
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Word;
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FAQ
Under Washington law, grandparents can file a petition for visitation or custody so long as one of the following applies: The child's parents are not married. The parents are involved in ongoing litigation concerning the child. The child is not living with either parent.
Grandparents typically have the right to request that the court allow them access to their grandchild if: the parent who is the child of the grandparents is in jail; the grandchild's parents are divorced or living apart; the grandchild was abused by one of her parents; or.
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.
Under Washington's grandparent visitation laws, a custodial parent who denies visitation time to grandparents must provide ?clear and convincing evidence? demonstrating that the proposed visitation isn't in the child's best interests.
Under Maryland Family Code §9-102, grandparents have the legal right to request reasonable visitation with their grandchildren at any time.
Parents have the strongest claim to their kids and can decide to keep the kids away from the grandparents if the parents prefer it that way. However, grandparents can petition for visitation in cases where parents are separated or divorced or if one parent has died.
Grandparents do not have an inherent right to child visitation. There are a couple of different ways grandparents may obtain visitation rights. Grandparents may ask the child's parent or guardian for permission. In addition, grandparents may request rights from a family court.
You need to take legal action to obtain custody or guardianship. Please consult with a local attorney. While talking to the attorney also ask what you need to do to provide for your grandson if you die or become incapacitated before he is an adult.
