Are grandparents allowed to sue for emotional distress caused by the denial of visitation rights?
In the state of Washington, grandparents are allowed to sue for emotional distress caused by the denial of visitation rights. The Grandparent Rights Law, which was passed in 1993, permits grandparents to make a petition to the court for visitations with their grandchild. Under the Grandparent Rights Law, grandparents are allowed to present evidence that the parent/parents are denying them of visitation rights, and are causing them emotional distress due to the denial. The court can then make an appropriate order for visitation rights. The order can also provide the grandparents with reimbursement for their legal fees if the parent/parents continue to deny visitation rights. When deciding on a visitation order, the court must consider the relationship between the grandparents and their grandchild, the parenting skills of the parents, the relationship between the grandparents and the parents, and the emotional strength of the grandchild. The court must also consider any other factor that is relevant to the best interests of the grandchild. The Grandparents Rights Law has helped many grandparents to stay connected with their grandchildren and to be involved in their lives. Although the parent/parents can still deny visitation, if the grandparents can prove emotional distress due to the denial of visitation, then they can pursue legal action against the parent/parents.
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