QUESTION
Do grandparents have legal visitation rights over their grandchildren?
Asked on Sep 02nd, 2011 on Child Custody - Oregon
More details to this question:
My husband is recently estranged from his mother. She claims to have legal grandparent visitation rights of our 13 month old son. Does she?
15 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No.
Answered on Jun 07th, 2013 at 12:38 AM
Steven D. Dunnings
No.
Answered on Jun 07th, 2013 at 12:34 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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In Washington State, grandparents have not been found to have a legal right to have visitation with their grandchildren.
Answered on Oct 24th, 2011 at 2:04 PM
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Grandparents *may* have potential visitation rights. Hawaii statutes provide for a possible award of visitation by the Family Court to (1) grandparents; and (2) other third parties. This would require the person seeking visitation rights however, to file a petition to the Court; they do not exist without a Court order.
Answered on Sep 08th, 2011 at 9:20 AM
Roianne Houlton Conner
Not anymore. The Alabama Supreme Court struck down the grandparent visitation statute as unconstitutional.
Answered on Sep 07th, 2011 at 12:54 PM
In Illinois grandparents have privileges not rights.
Answered on Sep 07th, 2011 at 11:41 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Grandparents have the ability to file in court for visitation to obtain legal rights to see grandchildren. But if a court action has not occured (and you would have to be notified), then grandma has no ability to force you to let her see the children.
Answered on Sep 07th, 2011 at 11:36 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, not unless she petitions the court and the court grants her rights.
Answered on Sep 07th, 2011 at 10:45 AM
Glen Edward Ashman
Unless there is a court order, she has no rights.
Answered on Sep 07th, 2011 at 10:22 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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She has no rights whatsoever unless and until a court gives her some rights. In Colorado, the only "rights" she can get is "visitation" and that depends on all the facts, primarily whether or not there is a court custody case in progress. If there is not any current custody dispute going on between you and your husband, the grandmother is not in a position to even ask a court for grandparent visitation.
Answered on Sep 07th, 2011 at 8:42 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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She can ask the court to grant her visitation rights, but she has none absent an order of the court. Please see a domestic relations attorney to learn of your rights as parents.
Answered on Sep 07th, 2011 at 8:42 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Grandparents can petition the court for visitation when the parents are separating or divorcing and the grandparent stands to lose contact with a grandchild or children they have established a close relationship with. If it is a situation where your husband just does not want contact with his mother it would be difficult for her to assert those rights.
Answered on Sep 07th, 2011 at 6:05 AM
Not unless there is a court order that gives them that right.
Answered on Sep 06th, 2011 at 3:54 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No, unless a court orders it after finding that the child's parents have not acted in the child's best interests.
Answered on Sep 06th, 2011 at 3:48 PM
In the State of Washington there are no visitation rights for grandparents unless the grandparents child is deceased. So for example, if mom was deceased, the maternal grandparents could have visitation rights.
Answered on Sep 06th, 2011 at 3:48 PM