Grandparent’s Visitation

The court may give grandparents or great-grandparents visitation rights with a minor child on a finding that the visitation rights would be in the best interests of the child and any of the following is true:

  1. The marriage of the parents of the child has been dissolved for at least three months.
  2. A parent of the child has been deceased or has been missing for at least three months.
  3. The child was born out of wedlock.

In determining the child’s best interests the court must consider all relevant factors, including:

  1. The historical relationship, if any, between the child and the person seeking visitation.
  2. The motivation of the requesting party in seeking visitation.
  3. The motivation of the person denying visitation.
  4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child’s customary activities.
  5. If one or both of the child’s parents are dead, the benefit in maintaining an extended family relationship.

If the child is adopted or placed for adoption, all visitation rights granted as set forth above would terminate, unless the child is adopted by the spouse of a natural parent if the natural parent remarries.