In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Montana Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
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US-01121BG
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How to fill out Petition By Grandparent For Visitation Rights With Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
All states allow grandparents to petition for legal visitation rights concerning their grandchildren to some extent. In some states, these laws are based on the idea that it is often in a child's best interest to have a relationship with their grandparent.
1. What Are Grandparent's Visitation Rights? Under Ohio law, a court can award visitation rights to a grandparent in three situations: during, or after, a domestic relations proceeding, if the child's parent is deceased, or the child's mother was unmarried when the child was born.
39.0139. (1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section.
Answer: No. Visitation with your grandchild(ren) is not a guaranteed right. The reason for this is that parents have a fundamental right to make decisions concerning the care, custody, and control of their children, which includes who can visit with their children.
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 a parent does not want to provide a grandparent access to their grandchild, the parent's decision is typically final.
All 50 states and D.C. currently have some type of "grandparent visitation" statute through which grandparents?and sometimes others (foster parents and stepparents, for example)?can ask a court to grant them the legal right to maintain their relationships with beloved children.
Do I have a legal right to grandparent visitation? 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.