Grandparents have the right to file a petition for visitation rights to a minor child or children except where the parents are not separated and the child or children are living with both parents.
If the exception does not apply, the court may grant the grandparent visitation if it is found by clear and convincing evidence that the health and/or welfare of the child or children would be harmed unless the visitation is granted. Also, the court has to determine if the best interest of the child would be served if visitation rights were awarded.
The granting of visitation rights to a grandparent is within the discretion of the trial court.
Answered on Apr 21st, 2015 at 12:35 PM