Are Grandparents Entitled to Visitation Rights Following A Divorce?

Whatever the state of residence, grandparents aren't legally guaranteed rights to access their grandchildren due to the familial connection. Furthermore, no state permits grandparents to apply for visitation if the parents remain married or live together. 

In California, the only instances where the court permits grandparents to make a motion for visitation are when the parents have divorced and/or are no longer living together and if one parent is in jail or are deceased or their whereabouts are not known. You can also get the permit during a land dispute between the family. Similarly, you can look for land rights mediation services at Boileau Conflict Resolution.

What about Grandma and Grandpa? M. Sue Wilson Law Office

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The court usually follows these methods during the permit:-

1. The judge will speak with the grandparents to determine whether there's a prior relationship between the grandparents and their grandchildren and how strong the bond is. The court will also ask the grandparents to prove that it is in the "best interest of the children" to continue this grandparent-grandchild relationship.

2. A judge may also seek the parent(s) to provide their opinions on the reasons they are against visitation. The judge will take into account the right of a parent to make the right parental decisions for their children. If both parents support visitation by grandparents The judge will decide in favor of the parents.

We believe that the rights of grandparents to visit may not be the ideal solution to the family issue. In fact, it could cause more friction between parents and grandparents. Additionally, Family Court Services may require that families sit down with a mediator in order to come to an agreement. Although Family Court Services offer mediation services, court mediators are given the time and resources to listen to both sides. They will then give their own advice to the judge in case they are unable to agree.