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1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
In Montana, grandparents have a legal right to request reasonable contact with their grandchildren at any time, including before or after one parent's death, divorce, and/or separation. This right applies to biological or adoptive grandparents and great-grandparents.
First, you can petition the court to terminate the visitation rights. Second, in some states you can stop grandparent visitation by adopting the child if you are a step-parent. In order to properly proceed with terminating grandparent visitation, you should meet with a qualified family law attorney.
Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.
The parents of the child in question have the legal right to deny any grandparent visitation rights.Third parties would include grandparents. However, some states allow grandparents to request visitation rights if the nuclear family has been disrupted in some way, such as in cases involving divorce.
You do not have an automatic legal right to see your grandchild if a parent stops you seeing them.You can try to get help in seeing your grandchild through: an informal, family-based arrangement with both parents. mediation.
Courts also must balance parent's prerogative to deny the grandparent's visitation against the positives of the grandparent having visitation. If a child is 14 or older, the judge will also consider the child's opinion on grandparent visitation.
Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.
The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to.Parents might try to prevent their children from seeing grandparents because the grandparents are trying to intervene.