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.
Guam USLegal Guide to Grandparent Visitation
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FAQ
There is no specific age when the court will listen to a child's opinion. Instead, the court will evaluate the child's maturity, reasoning, and relationship with both parents. Additionally, a child's preference usually won't be the deciding factor in custody.
In Georgia, grandparents can ask the Superior Court for visitation rights by filing a Petition for Visitation.
If the grandparent fails to present such evidence to the court, then parental opposition alone is sufficient to deny the grandparent visitation,? says a 2012 Kentucky Supreme Court opinion in Walker v Blair.
A grandparent who wants legal custody has to go to court and prove to the judge that it is in the best interest of the child for someone other then the birth parents to have custody. (When grandparents have legal custody, the parents have to go to court if they want their children back.)
Grandparents can only file for visitation once in a two-year period, and visitation rights can be terminated upon a substantial change in circumstances.
(1) A parent not granted custody of the child and not awarded shared parenting time under the presumption specified in KRS 403.270(2), 403.280(2), or 403.340(5) is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, ...
Grandparents may request visitation by filing a petition in the county family court where the grandchild resides. If there is an existing grandparent visitation order, a grandparent may request more time by modifying the order.
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.