4 Frequently Asked Questions About Grandparent Rights

4 Frequently Asked Questions About Grandparent Rights

The state of Maryland recognizes grandparent rights. This legal provision allows grandparents to seek court-ordered visitation or temporary custody for their grandchildren. Maryland has procedures and stipulations regarding visitation requests that grandparents should know before starting the process.

1. What Criteria Must Exist for Grandparents To File a Petition for Visitation?

A family lawyer in Baltimore can advise grandparents of requirements. Visitation filings must meet at least one of the following:

  • The child’s parents are divorced.
  • The parents’ marriage has no legal standing.
  • One or both parents are dead.

The courts usually grant visitation based on the parent’s preference and his/her right to raise their children in the manner they choose. If a parent requests for visitation to be denied, the court will likely rule in favor of the parent. Also, grandparents should keep in mind that the court will likely dismiss a petition if the child’s family is healthy and intact.

2. What Is the “Best Interest of the Child” Guideline in Maryland Family Courts?

Children benefit from a loving, supportive and ongoing relationship with their grandparents. Therefore, Maryland’s “Best Interest of the Child” guideline fully supports grandparents’ rights for visitation and custody. A family lawyer in Baltimore can show the court the benefits of the grandparents’ relationship with the child.

3. How Does the Court Determine If a Grandparent Relationship Is in the Child’s Best Interest?

There are several areas the court considers when determining whether a grandparent relationship is in a child’s best interest. The court and Greenberg Law Offices, your family lawyer in Baltimore, will examine the following factors to justify reasons the court should grant visitation:

  • Will visitation affect schooling or the child’s regular schedule?
  • How will visitation affect the child’s attachment to the family?
  • What was the nature of the child’s past relationship with the grandparents? What is the current nature of the child’s relationship with the grandparents?
  • What is the physical and emotional health of all family members involved?
  • What are the possible positive and/or negative factors if visitation is granted?
  • Is the child mature enough to make his/her own choices and can they state their preference for visitation?

4. What Information Is Included in the Petition Filed for Visitation?

The petition is the official notification of the visitation request and is sent to the court and to all persons connected to the child. The request will include a proposal for the amount of time the grandparents are seeking. It will also include the reasons that the relationship is in the child’s best interest. Greenburg Law Offices will file the petition and all other necessary paperwork for your visitation case.

Greenberg Law Offices: A Family Lawyer in Baltimore

Greenberg Law Offices not only diligently resolves divorce cases, but we also handle family law matters including, but not limited to:

  • Adoption
  • Child custody
  • Child support
  • Best interests
  • Common-law marriage
  • Domestic violence cases
  • Prenuptial/postnuptial agreements
  • Separation and divorce
  • Annulments
  • Enforcing court orders

If you are ready to speak with a family lawyer, Baltimore offers, please call Greenberg Law Offices at 410-539-5250.

Greenberg Law Offices