A grandparent may seek visitation rights even if there is no parental custody case pending in court. A court’s jurisdiction over this issue may be invoked in a separate action brought on the grandparent’s behalf. In order for grandparents to seek visitation privileges, they must first meet a two-part test.
First, the grandparent must have a preexisting relationship with the grandchild so that visitation would be in the child’s best interest. Second, the court must balance the child’s interest in grandparent visitation with the parents’ rights to exercise parental authority.
For more information about grandparent rights, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.