Discussions about visitation usually center on parents. When parents stop living together or divorce, they have to work out a shared custody arrangement in most cases. Sometimes, one parent only requests visitation instead of pursuing as much parenting time as possible.
While parents are usually the ones seeking custody or visitation, grandparents do have certain rights under the law as well. State statutes allow grandparents to request formal visitation rights from the family courts. Typically, those visitation requests must include all three of the requirements below.
1. A formal petition
If grandparents want to legally protect their right to access their grandchildren in a contentious situation, they must file a petition with the family courts and follow appropriate procedures.
2. A pre-existing relationship
Generally speaking, grandparents must already have a connection with their grandchildren to be eligible for visitation. The state also considers visitation requests made by grandparents who have attempted to establish a loving relationship with their grandchildren.
3. A positive impact
Whenever there are disputes about custody and the care of children, the focus is always on what the children need. The courts need to see proof that a grandparent’s involvement is in a child’s best interests. Evidence of a pre-existing connection and an ability to have a positive impact on the grandchildren can help convince a judge that granting grandparent visitation despite parental pushback is the best option available.
At the end of the day, reviewing family circumstances with a skilled legal team can help concerned grandparents learn more about grandparents’ rights in Alaska.