Do grandparents have legal visitation rights over their grandchildren? 27 Answers as of June 07, 2013

My husband is recently estranged from his mother. She claims to have legal grandparent visitation rights of our 13 month old son. Does she?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
In Washington State, grandparents have not been found to have a legal right to have visitation with their grandchildren.
Answer Applies to: Washington
Replied: 10/24/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
The grandparents may have legal visitation rights, but they probably will not be recognized unless there is a written order from a court. For example, it is unlikely that police officers would enforce the grandparents' rights to visit the children against the wishes of the parents, if there is no court order stating that the grandparents have visitation rights. If you are concerned that the grandparents might try to interfere with your rights as a parent or perhaps unlawfully take the children from you, then you may want to consult with an attorney to get help in preventing such.
Answer Applies to: Nevada
Replied: 9/8/2011
Doi/Luke, Attorneys at Law, LLLC
Doi/Luke, Attorneys at Law, LLLC | Gavin K. Doi
Grandparents *may* have potential visitation rights. Hawaii statutes provide for a possible award of visitation by the Family Court to (1) grandparents; and (2) other third parties. This would require the person seeking visitation rights however, to file a petition to the Court; they do not exist without a Court order.
Answer Applies to: Hawaii
Replied: 9/8/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Not anymore. The Alabama Supreme Court struck down the grandparent visitation statute as unconstitutional.
Answer Applies to: Alabama
Replied: 9/7/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
NO. GRANDPARENTS HAVE NO RIGHTS. Absolutely zero rights for grandparents. I get this question every day. Tell Grandma to hug a tree and if she does not like it you will cut her out of the child's life like the cancer she is to be. Say it with a straight face because she has absolutely no rights and trying to force you to do what she want proves she has none. Grandmas take note, be nice to your children and your their spouses. A new day has dawned. Effective Sept. 1, 2011 the Texas Family Code has been modified and while Grandparents had very few rights before, there are even less now and the law has teeth - if a Grandparent fights for custody and looses, Grandparent pays attorney's fees for the winning parent. Furthermore the law was changed to remove the word "possession" for Grandparents and replaced with the word "access".
Answer Applies to: Texas
Replied: 9/7/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    In Illinois grandparents have privileges not rights.
    Answer Applies to: Illinois
    Replied: 9/7/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Grandparents have the ability to file in court for visitation to obtain legal rights to see grandchildren. But if a court action has not occured (and you would have to be notified), then grandma has no ability to force you to let her see the children.
    Answer Applies to: California
    Replied: 9/7/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No.
    Answer Applies to: Michigan
    Replied: 6/7/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, not unless she petitions the court and the court grants her rights.
    Answer Applies to: Wisconsin
    Replied: 9/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The case would have to be reviewed to determine whether there is a jurisdictional basis to assert a claim for grandparenting time.
    Answer Applies to: Minnesota
    Replied: 9/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless there is a court order, she has no rights.
    Answer Applies to: Georgia
    Replied: 9/7/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. Only if you and your husband divorce can she seek visitation rights.
    Answer Applies to: California
    Replied: 9/7/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Grandparents have the right to visit their grandchildren in Alabama. Any grandparent may file an action to enforce their grandparents visitation rights if the grandparents visitation is in the best interest of the child and one of the following conditions are met:One or both parents of the grandchild have diedThe parents of the grandchild have divorcedA parent of the grandchild has abandoned the childThe grandchild was born outside a marriageIf the parents of the grandchild are still married and living together but one or both of the parents are using their authority to prevent a grandparents relationship with their grandchild.The courts will look to see if a grandparents visitation is inbest interest of the child. When determining if a grandparents visitation rights are within the best interest of a child, the courts will look to the following factors for guidance:The grandparents willingness to cultivate a relationship with the child and his parentsThe grandchild's preferenceThe health of the grandchildThe mental and physical health of the grandparentsAny evidence of domestic violence between one parent and another parent, parent and child, or between parent and grandparentAny other relevant factors, including the preferences of any living parent
    Answer Applies to: Alabama
    Replied: 9/7/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    She can ask the court to grant her visitation rights, but she has none absent an order of the court. Please see a domestic relations attorney to learn of your rights as parents.
    Answer Applies to: Ohio
    Replied: 9/7/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    She has no rights whatsoever unless and until a court gives her some rights. In Colorado, the only "rights" she can get is "visitation" and that depends on all the facts, primarily whether or not there is a court custody case in progress. If there is not any current custody dispute going on between you and your husband, the grandmother is not in a position to even ask a court for grandparent visitation.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the parents are married and living with each other, and there is no custody litigation pending regarding the children, then under those circumstances grandparents would not have any visitation rights.
    Answer Applies to: Georgia
    Replied: 9/7/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    She would have to file a petition under Florida StatuteChapter 752 (GrandparentalVisitationRights) to establish these rights and the court would have to find that it was in the best interests of the child before this type of visitation was ordered.
    Answer Applies to: Florida
    Replied: 9/7/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Grandparents can petition the court for visitation when the parents are separating or divorcing and the grandparent stands to lose contact with a grandchild or children they have established a close relationship with. If it is a situation where your husband just does not want contact with his mother it would be difficult for her to assert those rights.
    Answer Applies to: Arkansas
    Replied: 9/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Unless she has a court order granting her a right of visitation, the paternal grandmother does not have a legal right to visitation.
    Answer Applies to: California
    Replied: 9/7/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No.
    Answer Applies to: Florida
    Replied: 6/7/2013
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Simply put, generally, Georgia recognizes some visitation rights, so we recommend you consult with a lawyer about this matter. Good luck.
    Answer Applies to: Georgia
    Replied: 9/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No; she would have to petition the court and allege certain criteria.
    Answer Applies to: Connecticut
    Replied: 9/6/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Not unless there is a court order that gives them that right.
    Answer Applies to: Washington
    Replied: 9/6/2011
    Noel & Noel, PLLC | Lacey Noel
    In the State of Washington there are no visitation rights for grandparents unless the grandparents child is deceased. So for example, if mom was deceased, the maternal grandparents could have visitation rights.
    Answer Applies to: Washington
    Replied: 9/6/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    No, unless a court orders it after finding that the child's parents have not acted in the child's best interests.
    Answer Applies to: Oregon
    Replied: 9/6/2011
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