Post-Divorce (Visitation) Rights of Grandparents & Stepparents

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Grandparents and stepparents can grow very close to the children in their lives. When this relationship is disrupted by divorce or other separations, all parties suffer. A custodial parent might, for example, attempt to prevent visits with the parents of the non-custodial parent, or with an ex-stepparent.

Until recently, only natural or adoptive parents enjoyed the legal right to post-divorce visitation. Now, however, courts in most states will grant visitation rights to other relatives, such as grandparents and stepparents, as long as they can demonstrate that this visitation is in the best interests of the child.

Visitation Orders Are Based on Several Factors

A court is more likely to order visitation if the grandparent or stepparent had a long relationship with the child, or lived with the child. Visitation is also more likely to be granted if the child is emotionally dependent on the person or expresses a preference to see that person regularly. The court may also consider financial support the person has provided for the child.

The Burden of Proof Varies by State

State laws differ on the procedure for deciding visitation rights. Colorado grants grandparents a legal right to visitation, barring proof of harm to the child, even if the child’s family is intact. New Jersey requires grandparents to prove the child would be harmed without visitation. Most states treat stepparent visitation using the same standards as grandparent visitation. However, in some states, such as South Dakota, stepparents do not have the right to seek visitation.

To read the full article go to http://family-law.lawyers.com/child-custody/post-divorce-rights-of-grandparents-and-stepparents.html

 

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