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