Most grandparents have contact with grandchildren through the child’s parent. Parents can choose to limit or cut off contact between grandparents and grandchildren. There are two ways for a grandparent to ask a court to allow contact with a grandchild.
1. Courts can give grandparents the right to contact with their grandchildren over the objection of the child’s parent. A court may give a grandparent the right to contact a grandchild if the grandparent proves two things:
To ask a court for contact with a grandchild, a grandparent must file a petition with the court. A grandparent who has never seen a grandchild might choose this option. Or a grandparent with a grandchild in the foster care system might choose this option.
2. Courts can give a grandparent who has cared for a grandchild a parental interest. A grandparent can file a case to ask for a parenting plan between the grandparent and the parent or parents. Or a grandparent can join a parenting plan case that was already filed between the parents. To get a parental interest the grandparent must show the court two things:
- That grandparent has acted as a parent; and
- That the parent has done something contrary to their own parent-child relationship. The grandparent does not have to show that the parent is unfit. You can only use this option if your grandchild has lived with you, and you acted as a parent.
