Grandparents should check a number of provisions in the statutes in their respective states to determine the conditions for visitation, the factors a court must consider to order visitation, and the proper venue to file a request for visitation. Though many state statutes are similar, state courts may apply statutory provisions differently. Every statute requires courts to consider the best interests of the child before awarding custody or visitation to grandparents.
Courts in a number of states have ruled that statutes providing for grandparent visitation violate either the federal or the respective state constitutions. Several states have revised the statutory visitation provisions, but the constitutionality of these statutes may still be in question. If an intermediate appellate court in a particular state has ruled a visitation statute unconstitutional, it does not necessarily render the statute invalid. The provisions of these statutes are included below. However, if a state supreme court or the United States Supreme Court has determined that the visitation statute is unconstitutional, the provisions are not included below.
A court may award visitation rights if the child's parents' marriage has been dissolved for at least three months, or the child is born out of wedlock. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent.
To ensure your rights to visit with your grandchildren and have a loving relationship call Gregory A. Riebesehl at Riebesehl Family Law Offices today at (602) 621-0779 and let his expertise in this area of family law work successfully for you.