How do grandparents gain visitation rights in cases of divorce or separation?

In Maryland, grandparents have the right to petition the court for visitation rights in cases of divorce or separation. The court will first consider any existing arrangements or agreements between the parents regarding visitation. The court will also consider the best interests of the children when determining whether to award visitation rights to the grandparents. The court may grant grandparents visitation rights if they can prove that they were involved in the children’s lives in some way prior to the divorce or separation, such as if the children lived with the grandparents or spent a significant amount of time with them. Grandparents must also prove that visitation would be beneficial for the children. The court will consider the relationship between the grandparents and the children, the children’s health and safety, the effect on the children’s development, and any other relevant factor when deciding whether to grant visitation rights to the grandparents. The court may also require that the parents attend counseling or mediation with the grandparents, or that the grandparents attend parenting classes to further demonstrate their commitment to the children’s well-being. In some cases, grandparent visitation is subject to the court’s discretion, meaning that the court may grant visitation rights to the grandparents while giving the parents some degree of control over when and how the visitation will occur. Ultimately, the court makes the final decision on whether to grant grandparents visitation rights in cases of divorce or separation.

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