What child visitation rights do grandparents have? 18 Answers as of October 28, 2011

At least in Washington, there is probably not much you can do. In Washington, grandparent rights a pretty much non-existent.

Grandparents may attempt to obtain visitation orders if the child's parents are not together and the child is not residing with both parents. If your grandchild and the mother are leaving WITH your son, you have no rights other than those given by the parents. If your son is no longer in a relationship with the child's mother, then you can file an original action for visitation.

Grandparents have no rights in the State of Florida except those that a parent chooses to give them, unless the parent is a danger to the child.

California does not allow for visitation rights of the grandparents except for limited circumstances. California Family Code 3104 dictates as folllows (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does *both* of the following: (1) Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child. (2) Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority. *** * (b) A petition for visitation under this section may not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exist: (1) The parents are currently living separately and apart on a permanent or indefinite basis.(2) One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.(3) One of the parents joins in the petition with the grandparents.(4) The child is not residing with either parent. Since it is extremely rare for a court to grant a petition for grandparent visitation, you should contact an attorney to help you build your case for visitation with your grandchild.

Grandparents have few if any rights after recent court decisions.

Grandparents rights generally flow through the parent's rights. If you son were exercising his parenting time, you would see the children on his time. If he will not be exercising his time, you may attempt to get all or some of his time to see the children. You would need to attempt to negotiate that with the mother, and if she will not agree, you may be able to obtain a court order. However, that depends on whether your son and she were married and, if not, whether they ever went to court concerning his parenting time.

In New York you may apply to the Family Court to file a Petition for grandparental visitation which is a statutory right under the Domestic Relations Law.

You can petition for visitation rights with your grandchild. Keep in mind, however, that there is a presumption of parental fitness, as well as a parent's constitutional right to the care and custody of their child, so if that parent has objected to visitation, that parent's objection could potentially weigh heavily with a court. Since this issue is wrought with complexities, you may want to seek legal advice as to what your options are and how you wish to proceed.

Grandparents of a non-custodial parent can ask the court for visitation if the custodial parent has unreasonably denied them visitation with a child with whom they have established a meaningful relationship. They criteria (as virtually always in custody/visitation law) is "the best interests of the child." The Court will look at various factors, for example: Emotional ties existing between the grandparent and grandchild, including for example whether the grandchild resided with the grandparent and whether the child was habitually present at holidays and family gatherings The grandparent's moral fitness, mental and physical health The preference of the child, if applicable (depends on age of child) The willingness of the grandparent to facilitate and encourage the child-parent relationship The medical needs of the child The grandparent's ability to provide love and guidance and serve as a role model and willingness to supply material needs during visitation The grandparent's ability to provide the child with health care, financial or other support Other relevant facts As always, it is up to a court to decide what is in the best interests of the child.

It is unclear what your factual situation entails. Grandparents can file for visitation in the case of divorced parents. If the parents are still together, the decision is theirs. If your son is leaving the state and leaving a child in your care, apply for guardianship. If your son is leaving the state and the children reside with Mom, then attempt to create a visitation schedule with Mom. If that does not work, you can file for visitation.