QUESTION

Do grandparents have child custody rights?

Asked on Nov 08th, 2011 on Child Custody - Illinois
More details to this question:
Does my mom have grandparent rights?
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11 ANSWERS

Steven D. Dunnings
No.
Answered on Jun 02nd, 2013 at 9:51 PM

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Glen Edward Ashman
After recent Supreme Court cases, grandparents rarely have any rights.
Answered on Nov 10th, 2011 at 9:24 AM

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Grandparents do not have custody rights in Maryland.
Answered on Nov 10th, 2011 at 9:18 AM

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Bankruptcy Attorney serving Huntington Beach, CA at The English Law Firm
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Sometimes - a grandparent does not have the same rights as a parent, but if they have a significant bond with the child, then they can petition for grandparent visitation. The test is for the court to determine what plan would be in the best interests of the minor.
Answered on Nov 10th, 2011 at 9:13 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Grandparent rights are significantly limited in Colorado and depend upon the specific facts and circumstances. Generally, a grandparent has no "rights" simply because she is a grandparent; there must be other circumstances that justify considering the award of any rights by a court. Until there is a court order, a grandparent has no rights against the parent.
Answered on Nov 10th, 2011 at 8:50 AM

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The California Family Code Section 3103 sets out grandparent's rights when the parents are involved in a divorce action. It provides that a court may grant reasonable visitation to a grandparent of minor child of a party in a court action if the court determines that visitation by the grandparent is in the best interest of the child.
Answered on Nov 09th, 2011 at 11:01 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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No, not in Florida.
Answered on Nov 09th, 2011 at 11:01 PM

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A.R.S. 25-409 sets out the critera for grandparent visitation and A.R.S. 25-415 provides for custody by a non parent. In order to obtain visitation rights pursuant to A.R.S. 25-409, a court would have to find that visitation is in the best interest of the minor child. The court would also have to find that any of the following is true: 1) the marriage of the parents has been dissolved for at least three months; 2) a parent of the child has been deceased or missing for at least three months; 3) the child was born out of wedlock. In order to obtain custody and/or visitation pursuant to A.R.S. 25-415, a court would have to find that all of the following are true: 1) the person filing the petition has acted as a parent to the child; 2) it would be significantly detrimental to the child to remain or be placed in the custody of either of the child's living parents who wish to retain or obtain custody; 3) a court has not entered or approved an order concerning custody within one year before the person filed a petition pursuant to this statute (unless there is a serious danger to the child). One of the following would also have to apply: 1) one of the parents is deceased; 2) the child's legal parents were not married at the time the petition was filed; 3) there is a pending proceeding for dissolution of marriage or legal separation. Believe it or not, this is a short answer to a very complicated question. There is also substantial amount of case law discussing grandparent's rights. You need to contact an attorney with regard to the specific circumstances of your case.
Answered on Nov 09th, 2011 at 5:51 PM

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No. There are no special grandparent rights in the state of Washington. There was a statute granting them some rights. However, that statute (RCW 26.09.240) was declared unconstitutional in about 2005. Therefore, grandparents are just third parties.
Answered on Nov 09th, 2011 at 4:44 PM

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Not unless she files a third party custody action and proves both parent unfit.
Answered on Nov 09th, 2011 at 3:58 PM

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General Practice Attorney serving Crystal Lake, IL at Bruning & Associates, P.C.
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Illinois law provides for specific grandparent rights. The rights of grandparents are limited to specific circumstances.
Answered on Nov 09th, 2011 at 3:58 PM

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