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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.
In general, a grandparent seeking full care and custody of a grandchild may file a petition for custody with the court.The child's parents have been deemed unfit to retain custody. The child's parents consent to grandparent custody. The child has lived with a grandparent or grandparents for a year or more.
If there is a valid, court-approved custody order in force, denying visitation is illegal and can have serious legal repercussions for the parent who denies visitation.However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.
Grandparents can use the Family Law Act to apply to court for orders that their grandchildren live with or spend time with them.Grandparents are specifically mentioned in the Family Law Act as being able to apply to a court for orders to do with their grandchildren.
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.