What happens when grandparents are denied visitation rights in court?

When grandparents are denied visitation rights in court, the decision is made by the judge based on the best interest of the child. Grandparents in West Virginia have limited rights to visitation with their grandchildren. If the grandparent can produce evidence that visitation with the grandchildren is beneficial to the wellbeing of the grandchildren, then the court may grant visitation rights. This may include proving a prior relationship with the grandchildren, evidence of financial and emotional support shown to the grandchildren, and evidence that the grandparents desire to maintain the relationship with the grandchildren. In West Virginia, if a grandparent is denied visitation rights, the grandparent has the right to appeal the decision by filing a petition with the circuit court clerk. Grandparents must file the petition within 30 days of the court’s decision. It is important that the grandparent provide detailed evidence of why visitation is in the best interest of the grandchildren. The court will then review the evidence and re-evaluate the situation to determine if visitation rights should be granted. If the court still believes visitation is not in the best interests of the children, then the grandparent is denied visitation rights. The grandparent must respect the court’s decision, which may be difficult to accept. It is important for the grandparent to remember that the court’s decision is about the best interest of the grandchildren, not about the grandparent-grandchild relationship.

Related FAQs

Are grandparents allowed to be informed about their grandchild’s whereabouts?
Are grandparents allowed to claim a grandchild as a dependent on their taxes?
Does a parent have the right to deny grandparent visitation?
What is the process for a grandparent to seek visitation rights in court?
What are a grandparent's rights in cases of abuse or neglect?
Are grandparents’ rights affected by the U.S. Supreme Court’s ruling in Troxel v. Granville?
Does a grandparent have a say in decisions about their grandchild’s education, health care, etc.?
What constitutional rights do grandparents have?
Does a grandparent have the right to attend their grandchild’s school activities?
Does a grandparent have the right to file a petition to modify a visitation order?

What happens when grandparents are denied visitation rights in court?

Related FAQs

Related Blog Posts