Can I Stop My Child From Visiting Their Grandparents?
Unless a grandparent has secured a court order granting them visitation, a parent is under no legal duty to allow a grandparent to see their grandchild. In fact, barring a court ordain, a parent has the built-in correct to say no. If a court regulate has been granted, a parent will need to file a petition with the class court to modify or revoke a grandparent visitation rate to stop the trial. This matter can be more complicate if separated parents have differing views regarding whether the other grandparents should be allowed trial.
Every grandparent trial case will depend on the particular facts and state law. In many states, grandparent visitation is only allow if parents divorce, or one or both parents die. however, in most states, courts will consider grandparent trial even if both parents are alive, marital, and by and large good parents. Like all syndicate court matters involving children, a judge is going to make a decision of what is in the best interest of the child .
Preventing Grandparent Visitation
If a court has already ordered grandparent visitation, or a grandparent is seeking visitation through the courts, and a rear wants to prevent that visitation, they may need to convince the court that the trial is not in the best interest of the child. Although having a relationship with a grandparent would naturally always seem to be in the best matter to of a child, under many circumstances it is not .
If grandparents are undermining a rear ‘s authority, ignoring crucial rules ( such as allergies ), are not healthy enough, or have other issues that put a grandchild at risk, these factors will weigh in favor of denying visitation. additionally, courts may factor in whether a grandparent has, or had, an existing relationship with the grandchild, and how long that relationship has been ongoing, and if the child is old enough, what they want. furthermore, the court may consider digressive issues, such as whether the child is adjusting well to a modern school, home plate, or location.
Constitutional Right to Parent
While about every state of matter has specific rules on grandparent visitation and will order ( and deny ) it according to those rules, the US Supreme Court has found these laws to be unconstitutional. basically, SCOTUS found that any state police conferring a grandparent, or nonparent, rights over the protest of a parent, lacking parental mistreat, is a trespass of the constitutional right to parent your own child .
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