Do grandparents have a right to contact with their grandchildren?
Parents have a constitutional right to parent, including the right to make decisions regarding their child’s custody, care, and contacts. Grandparents do not have a constitutional right to grandchild contact, but may petition a district court to establish a right to contact. If an objecting parent is unfit, the Court may grant contact if there is clear and convincing evidence that contact is in the child’s best interest. If an objecting parent is fit, the Court may grant contact only if there is clear and convincing evidence that contact is in the child’s best interests and the presumption in favor of the parent’s wishes has been rebutted.
What law governs jurisdiction for grandparent contact petitions?
Unlike other matters involving children, jurisdiction over grandparent contact petitions is not governed by the Uniform Child Custody Jurisdiction and Enforcement Act. Rather, jurisdiction over grandparent contact petitions is governed by the grandparent contact statutes.
Grandparent contact can be a divisive issue when sought over the objection of a parent. Whether you are a parent seeking to protect your right to control the custody and care of your child, or a grandparent seeking to establish contact with your grandchild, André Gurr has the knowledge and experience you need.
Whether you are a grandparent seeking to establish contact, or are a parent objecting to a grandparent contact petition, call André Gurr at Garden City Law for prompt, precise, and professional representation. Consultations are confidential, and usually free of charge. As an experienced and knowledgeable family law attorney in Missoula, André provides legal services throughout Western Montana, including Missoula, Mineral, Ravalli, Lake, Sanders, Flathead, Lewis and Clark, and Beaverhead County.