All 50 states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others (foster parents and stepparents, for example) can ask a court to grant them the legal right to maintain their relationships with loved children. But state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances.
Approximately 20 states have "restrictive" visitation statutes, meaning that generally only grandparents can get a court order for visitation -- and only if the child's parents are divorcing or if one or both parents have died. However, most states have more permissive visitation laws that allow courts to consider a visitation request even without the death of a parent or the dissolution of the family, so long as visitation would serve the best interests of the child. Some states allow caretaking adults besides grandparents to make such a petition.
Both restrictive and permissive visitation statutes have been challenged in court by parents who argue that the laws are an infringement on parents' rights to raise their children as they see fit. Courts have made contradictory rulings.
2006-06-12 09:21:48
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answer #1
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answered by two 4
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Nope, well, not in South Carolina you don't. I had a case where the grandparents were the mother's parents. The mother died in an accident. Father got remarried. Grandparents wanted "visitation" with their children. Court denied them any rights at all. Thankfully, the father in this case weren't trying to keep the children away from their grandparents, but the grandparents wanted something written in stone. They were denied actual "visitation rights" but they do get to see their grandchildren because they get along with their ex son in law.
2006-06-12 16:25:31
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answer #2
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answered by Denise T 3
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It depends on the state you live in. The laws vary from state to state. For a complete list of your rights in the state you live in, visit
http://www.grandparenting.org/Grandparent%20Visitation.htm
You will be able to get all the information you need. I wish you and your family the best of luck.
2006-06-12 16:26:49
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answer #3
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answered by SpongebobRoundpants 5
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Depends on the situation, I think. Like if the parents aren't any good, negleting the child and you have phyisical proof that would help your case.
2006-06-12 16:17:39
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answer #4
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answered by sexzbich 3
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It depends on what state you live in because family court laws vary. Check into it at your states website...
2006-06-12 17:01:07
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answer #5
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answered by geet840 5
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yes. and depends on situtation.
You can file custody just like any parent, as long as you prove you are truly the grandparent and apart of the childs life.
2006-06-12 16:21:25
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answer #6
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answered by vkewl182 3
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Some it depends on the case. Like if any abuse is going on.
2006-06-12 16:20:18
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answer #7
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answered by brezzy 4
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yes...you are given the same rights as the noncustodial parent....you should be entitled to visitation just the same!
2006-06-12 16:19:19
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answer #8
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answered by whoanelly00 5
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its called grandparents rights.
2006-06-12 16:19:22
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answer #9
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answered by HOLIDAY 2
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