What are the applicable laws in a grandparent's state that relate to visitation rights?
In Hawaii, grandparents have the right to visitation with their grandchildren, as well as the right for their grandchildren to spend time with them. Visitation rights are granted under the Hawaii Grandparents Rights Law. Under the law, a grandparent can petition for visitation when the child’s parents are divorced or have had their marriage annulled, when the parents are unmarried, when the child’s parent or stepparent is deceased, or when the child has been adopted. The law is also applicable when the grandparent’s grandchild is living with someone other than a parent or stepparent. However, the courts will not grant visitation rights if it is found that it would not be in the best interest of the child. If the grandparents are granted visitation rights, they must be reasonable in their requests. For example, they would be unable to claim everyday visitation rights, such as taking the child out of school without the parent’s consent. The court may also grant visitation rights if the grandparent has had a long-standing relationship with the grandchild, and if the grandparent has maintained a positive and supportive relationship with the parents. When deciding, the court will consider the stability, health, and overall wellbeing of the child. Ultimately, the court may award visitation rights, limit visitation, or deny visitation depending on the circumstances. In determining the best interests of the child, the court will likely advise the grandparents and parents to work out a visitation agreement outside of court.
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