Grandparents and Child Custody

Grandparents may join an action between the parents, or initiate an independent action, for the purpose of obtaining a court order for visitation with grandchildren. A grandparent may have to prove to the court that harm will occur to the grandchild in the absence of visitation. Since parents have a fundamental right to the custody and management of their child, only a compelling interest would be sufficient to allow a state to interfere with the parent’s right to raise his/her child.

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