Grandparent Visitation Rights

Can A Parent Or Guardian Decide Who Sees Their Child?
Do Grandparents Have A Right To See Their Grandchild?
My Grandchild's Parent Will Not Let Me See My Grandchild. What Should I do?
My Grandchild's Parents Are Getting Divorced and I am Afraid That I Won't be Able to Visit My Grandchild Any More. What Can I do?
When Can I Ask The Court For Visitation With My Grandchild?
How Do I Ask the Court to Order Grandparent Visitation?
How Do I Show a Parent is Unfit?
How Does the Court Decide That Visitation With the Grandparent is in "Best Interests" of the Grandchild?
If My Grandchild Moves To Another State, Is My Visitation Order Still Valid?
What Happens to the Visitation Order if my Grandchild is Adopted?
I Have a Visitation Order, But My Grandchild's Parent Will Not Let Me See My Grandchild. What Can I Do?

Can a Parent Or Guardian Decide Who Sees Their child?
Yes. The parent or guardian has the right and responsibility to decide who the child can and cannot see.

Do Grandparents Have A Right To See Their Grandchild?
Grandparents do not always have a right to see their grandchild. Sometimes, Grandparents may ask the Court for visitation if the grandchild's parents are in court. The court usually will not change the parent's decision about visitation. If a parent does not want to allow a grandparent to visit, the Court will only change this if the parent is unfit or if the visits will prevent significant harm to the child's health, safety or welfare. The grandparent would have to prove this in court.

My Grandchild's Parent Will Not Let Me See My Grandchild. What Should I do?
Work with the child's parent or guardian to visit with your grandchild. If you cannot come to an agreement with the parents, you can ask the court to order grandparent visitation. If the parents do not want to allow visitation, courts usually agree with the parents. Under most circumstances, a grandparent cannot start a visitation action against the parents. A grandparent can ask the court, in an ongoing case, to order grandparent visitation.

My Grandchild's Parents Are Getting Divorced and I am Afraid that I Won't be Able to Visit the Child Any More. What Should I do?
Talk to the parents. Let them know you would like to continue visiting the grandchild on a regular basis. Try to come to an agreement with the parents. If you reach an agreement, ask the parents or guardian to include this agreement for regular visitation with the court order for custody and visitation. If you cannot come to an agreement with the parents, you can ask the court to order grandparent visitation.

When Can I Ask The Court For Visitation With My Grandchild?
A grandparent may start an action for visitation rights in the Family Court of the county where the custodian of the minor child resides if:

A parent of the child is deceased; or
A parent is physically or mentally incapable of making a decision; or
The child has been abandoned.

If none of these apply the Family Court will consider ordering grandparent visitation when the child is a minor and:

The court is currently considering custody or visitation of the child; 0R
The court has issued an order about custody or visitation

Usually the Family Court considers custody and visitation as part of a divorce or parentage case. In these cases custody is called Parental Rights and Responsibilities and visitation is called Parent-Child contact. See Custody and Visitation (Parental Rights and Responsibilities) for more information about parental rights and responsibilities in divorce and parentage case.

How Do I Ask the Court to Order Grandparents Visitation?
You must ask the court in writing and send a copy of your request to the parents. A lawyer can help you do this.

How Do I Show a Parent is Unfit?
You must show the court that the parent's actions are physically or mentally affecting the child's growth and development. The parent's actions must amount to abuse or neglect of the child. This is very difficult to prove. It is not enough to show that the child is unhappy, or the child would like to visit you. It is also not enough to show that this is a bad parent. There must be compelling evidence that shows the child will suffer great harm or there is a likelihood of harm if the visitation order is not granted.

How Does the Court Decide That Visitation With the Grandparent is in "Best Interests" of the Grandchild?
In addition to showing the parent is unfit, the grandparent needs to show that visitation is in the best interest of the child. The court considers the following factors to determine whether visitation with a grandparent is in the best interest of the child (You should include these items in your written visitation request for visitation to the court).

The child's age;
Your ability to love, care, and give guidance to your grandchild;
The relationship between you and the child and whether it would be good for the grandchild to maintain the relationship;
The moral fitness of the parties;
The mental and physical health of the parties;
The reasonable preference of the child, if the court determines that the child is old enough to have a preference;
Your willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parties; and
Any other factor which the court considers to be relevant to a just determination regarding visitation or access.

If My Grandchild Moves To Another State, Is My Visitation Order Still Valid?
No, your visitation order is not valid in another state. However, you can contact the courts in the state where the child now lives to enforce the order.

What Happens to the Visitation Order if my Grandchild is Adopted?
If your grandchild is adopted by a relative, stepparent, or grandparent then the adoptive parent must follow the visitation order.
If the child is adopted by anyone else, then your visitation order expires and will no longer be enforced. You will have to seek permission to visit your grandchild from the new parents.

I Have a Visitation Order, But My Grandchild's Parent Will Not Let Me See My Grandchild. What Can I do?
You may ask the court to enforce the court order. There will be a hearing, and you should provide notice to the parent or guardian of the child. You should contact a lawyer to help with this process.

Vermont Law Help, 2008. This is a website about Vermont law. We give this information as a public service. It is not legal advice. We are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.