| If you ask to your friend or your colleagues, | | | | Therefore, courts often recommend that parent |
| most of them will tell you that grandparents | | | | and grandparents reach an agreement out of |
| do not have no common law right to see their | | | | court. |
| grandchildren if the parents object. And for | | | | |
| the most part, all these people are right in | | | | Under specific circumstances grandparents can |
| some respects. Interestingly, there is no | | | | be granted custody rights of the child. When |
| basis in constitutional law regarding | | | | one parent is deceased the other surviving |
| grandparent visitation rights in the United | | | | parent is typically preferred to obtain the |
| States. However it is interesting to know | | | | custody of the child if deemed fit. But if |
| that grandparents can be entitled to | | | | both parents are deceased, the courts may |
| visitation rights with grandchildren in some | | | | decide to award the custody of the child to |
| cases. | | | | the grandparents since a blood relative is |
| | | | often preferred to obtain custody. Even in |
| In order for a grandparent to obtain such | | | | this situation, the grandparent has to |
| visitation rights, the grandparent may have | | | | present key evidence to the court that the |
| to present evidence to the court that the | | | | child would be better off if he/she had |
| absence of visitation rights would be harmful | | | | custody of the child compared to other blood |
| or detrimental to the child's health and | | | | relatives or third parties. The courts can |
| welfare. Considering that that parents have a | | | | make their decision taking into account the |
| fundamental right to the care, custody and | | | | age, health and financial ability of the |
| management of their child, the grandparent | | | | grandparent to properly support and care for |
| generally has to show that there is a | | | | the child. |
| sufficient reason for the court to interfere | | | | |
| with the parent's right to for such external | | | | There are many restrictions and limitations |
| interference to be imposed. Therefore it is | | | | in which the court can order or grant |
| often difficult to prove such harm to the | | | | grandparent visitation rights. Additionally, |
| child. Some courts or judges may also fear | | | | the laws related to grandparent visitation |
| that allowing grandparents an external | | | | rights are sometimes changing and developing. |
| visitation right could be harmful to the | | | | To learn the latest laws and developments in |
| parental authority. It could also create | | | | your area with respect to grandparent rights |
| intergenerational disputes which could be | | | | to child custody and visitation you may want |
| even more detrimental to the child and/or be | | | | to consult an attorney in your jurisdiction |
| contrary to the child's best interest. | | | | who can advise you legally. |