Is a grandparent’s visitation rights affected by their marital status?

In Washington, the answer to the question of whether a grandparent’s visitation rights are affected by their marital status is yes. According to the Revised Code of Washington (RCW) section 26.10.160, if a grandparent is unmarried, then the court may consider granting the grandparent visitation rights, provided the grandparent can show that visitation would be in the best interests of the child. In addition, the grandparent must show that one of the following conditions is present: (1) both the child’s parents are deceased; (2) the marriage between the child’s parents has been dissolved; (3) there is evidence that one of the parents has abandoned the child; or (4) the parent has neglected to provide the child with adequate care and protection. When a grandparent is married, the law in Washington is slightly different. According to RCW 26.10.173, a married grandparent may be given visitation rights if the grandparent can still demonstrate that the visitation would be in the best interests of the child, and that any of the four conditions listed above are present. In addition, the court may consider granting visitation rights to the grandparent if the grandparent’s marriage provides the child with a stable home environment. In summary, a grandparent’s visitation rights in Washington are affected by their marital status. Single grandparents must demonstrate four conditions to be considered for visitation rights, while married grandparents must demonstrate five. In both cases, the court must assess whether the grandparent’s visitation would be in the best interest of the child.

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