Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Mississippi USLegal Guide to Grandparent Visitation
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Multi-State
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US-GDE-04
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FAQ
Grandparents in every state in the country have rights. They can gain custody or court-mandated visitation with their grandchildren. Grandparents' rights do not come from the Constitution, nor do they exist traditionally.
39.0139. (1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section.
Some states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.
It occurs when grandparents are unreasonably denied meaningful opportunities to have a relationship and spend time with their grandchildren. It can vary from not being invited to a birthday party right through to no contact with the grandchild at all over a protracted period of time.
The state of Mississippi recognizes visitation rights for grandparents. This means there are ways you can get a court order to make sure that you can see your grandchildren. Dealing with family law issues can be an overwhelming and taxing process.
Mississippi Standard Visitation Amount Unless the court finds that one parent is a danger or represents other qualified risks to the child, a noncustodial parent is entitled to two weekends per month (ending Sunday afternoon), at least four weeks of visitation during the summer months, and alternating holidays.
Legally, grandparents do not have specific rights to see their grandchildren. The parents of the child have the right to determine who the child spends time with, including whether grandparents have any right to spend time with their grandchildren.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.