Relationships between grandparents and grandchildren are important to everyone involved. Disconnection between the two is most often a result of friction between the parents and grandparents.
When a child's parents are separated or getting divorced, the grandparents may file to intervene in that case and seek visitation time with the child. Grandparents may also file an original or freestanding action to establish visitation if there is no pending case in court. However, if the parents are married, and the child is living with both parents, or the unmarried father has not established paternity and legitimacy of the child, then the grandparents are not allowed to petition the court for visitation.
In a contested case regarding Grandparent Visitation, the court will consider foremost the physical safety of grandchild, and then the court will consider whether or not Grandparent Visitation it is in the best interest of the grandchild.
In these determinations, the court will consider many facts including but not limited to the extent of the preexisting relationship between the child and grandparents, financial support provided for the child by the grandparents and to an extent, the difficulties of the relationship between the parents of the child and the grandparents.
If you would like to discuss your case, call or email for a free, confidential consultation.