Maryland USLegal Guide to Grandparent Visitation

State:
Multi-State
Control #:
US-GDE-04
Format:
Word; 
Rich Text
Instant download

Description

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.

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  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation
  • Preview USLegal Guide to Grandparent Visitation

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FAQ

Grandparents can start by filing a petition. This is a formal request made in writing. The document should list all affected parties and the grandparents' intentions regarding child visitation and/or child custody. A visitation schedule should be included in the request.

An equity court may: (1) consider a petition for reasonable visitation of a grandchild by a grandparent; and (2) if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.

All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.

Pursuant to section 21 of the CLRA, a ?parent of a child or any other person, including a grandparent, may apply to a court for an order respecting custody of or access to the child.? The merits of such an application are ultimately determined based on the best interests of the child.

Some states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.

When can grandparents make decisions? ing to Dr. Tanner, when parents say they can, when parents are not present, when a child's behavior directly affects them, when a child's safety is at stake or when a child breaks their house rules.

There is no specific age ? such as 12 or 14 ? when children get to decide who they will live with. Each child is unique, and their views are one factor that a judge will consider when deciding what parenting arrangement is in their best interests.

Should you find yourself cut off from seeing your grandchildren, the best course of action is to get in touch with a professional mediator. These are independent organizations that help organise arrangements between family members when a resolution cannot be found.

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Maryland USLegal Guide to Grandparent Visitation