Many states allow grandparents to have visitation rights and, in some situations, custody. Learn about the consequences of parents violating a court order for grandparents to have access to their grandchildren.
Get help with family law matters
by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does.
Updated on: July 29, 2024 · 4 min read
Grandparents often seek court-ordered visitation or custody when their adult child refuses to allow them to visit with or raise their grandchildren. If a court rendered an order for you, the grandparent, either custody or visitation, and you're prevented from exercising those rights, you have recourse to enforce the order.
Custody rights for grandparents vary by state. In all cases, the children's best interests are paramount. Some states, such as Florida, don't allow for grandparent custody except in rare instances, such as where another state made the order or if the parent gives permission for temporary custody or concurrent custody, which is when the grandparent and parent have custody together.
In New York and California, adoption doesn't automatically prevent grandparent visitation, so a grandparent can still petition for visitation after adoption.
Some states have no statutes for grandparent custody or visitation. In many states, there is a limited set of circumstances in which a grandparent can obtain custody. Usually, one of the following must apply:
The following may help grandparents get custody if any of these are also true:
In addition to the above, custody must always be in the child's best interests, or the court will deny the grandparent custody.
Visitation is often against the wishes of the parent when there is a feud between grandparent and parent. In many states, to override refusal to allow visitation, some of the above-listed scenarios also must occur. As with custody, the child's best interests guide visitation cases.
When grandparents have a court order that permits visitation or custody, and the parents refuse to cooperate, grandparents have additional rights in many states. The grandparents must often take their adult child to court, but if there's an order, many courts will enforce the order.
There are several ways to enforce such an order. Grandparents often do one or more of the following:
There are several steps to bringing an enforcement action. Most importantly, you need a family attorney experienced in grandparent visitation or custody cases, as not every family attorney has done them. Due to the complexity in such cases, it is not recommended that you represent yourself, as self-represented individuals often end up losing.
The steps to enforcement are generally the following:
Violation of a legal court order can have serious consequences. Contempt actions can require jail time or fines. Parents who continually disobey court orders can have a criminal action started against them.
If parents relocate out of state to avoid the order, the court or attorney will locate them, and the consequences will likely be more drastic. Parents can lose custody rights if they willfully disobey a court order for custody or visitation. The court can issue a warrant for their arrest and also require parents to pay the grandparents' court costs and legal fees.
While each state is different, grandparents generally can file a contempt, enforcement, or violation petition or motion against their adult children for failure to obey a court order for custody or visitation. Because these cases are often the most difficult cases in family law, consult an attorney before proceeding with your case.
Find out more about Family Law BasicsThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
You may also like
'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
October 9, 2023 · 10min read
Grandparents are often surprised to learn about their state's laws regarding custody of grandchildren. See how you can get custody and what you must prove to get it.
September 17, 2024 · 3min read
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
September 11, 2024 · 11min read
