A grandparent may petition the court for visitation rights if:
- the biological or adoptive parents are deceased or incapacitated
- The parents are divorced or separated and the child lives with one parent
- The parents are unmarried and the child lives with one parent
Factors considered
When deciding a grandparents visitation petition, the court will consider the following factors:
- The child’s best interests
- The relationship between the grandparent and the child
- The relationship between the grandparent and the parents
- Any history of abuse or neglect by the grandparent
- The ability of the grandparent to provide a safe and stable environment for the child
Visitation orders
If the court finds that visitation is in the best interests of the child, it will issue a visitation order. The order will specify the following:
- The frequency and duration of visitation
- The location of visitation
- Any restrictions on visitation
Enforcement of visitation orders
A parent who violates a visitation order may be held in contempt of court. The court may impose sanctions on the parent, including fines, imprisonment, or both.
