Factors Considered In Granting Grandparent Custody & Visitation Rights

By Gerald A. Maggio, Esq.

The laws for visitation rights of the grandparents may vary from state to state. Over the years, decisions taken by the courts have undergone a lot of changes. Thus, each state has a different set of laws and rules.

Grandparents are only awarded visitation rights when specific conditions laid down by the court are adhered to. Conditions to get custody rights for the grandparents may vary from that of visitation rights. As grandparents, you should be aware of the conditions applicable for visitation or custody prior to deciding if you should file your petition to request for the same.

Court will keep the interests of the kid in mind

A court has to consider what is best for the child while awarding visitation or custody rights to the grandparents. There are many states where the law mentions all those factors a court should assess while deciding the best interests of the child or children in question. Even in States where such factors are not listed, courts try to identify the factors in visitation and custody cases by interpreting the available state laws. Here are some of the factors, which ascertain what should be done in the best interests of a kid based on case laws and applicable state laws.

• The ability of the grandparents and/or parents to satisfy the requirements of the kid
• Need of the kid such as the emotional and physical health, safety of the kid in question and their welfare
• The desires of the grandparent(s) and the parent(s)
• The desires of the kid in question in case he or she can take that decision
• How close the bond is between the grandchild and grandparent(s)
• Evidence of neglect or abuse by the grandparent(s) or parent(s)
• Duration of relationship between the grandchild and the grandparent(s)
• Evidence of substance abuse by the grandparent(s) or the parent(s)
• Ability of the child to adapt to the community, school or home
• Distance between the location of the grandparent(s) or the parent(s) and that of the kid
• Ability of the grandparent(s) or the patent(s) to shower the kid with affection and love

Is the biological parent abusive?

In case a grandparent can furnish necessary proof that the child’s parent is in poor condition, abusive or is incapable, a court can give permissive or even permanent custody rights to the child’s grandparents.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation. 

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.