Are grandparents allowed to claim visitation rights if they have never been legally married to the grandchild’s parent?

In Hawaii, grandparents may be able to claim visitation rights even if they are not legally married to the grandchild’s parent. The state has Grandparents Rights Law that recognizes the importance of the grandparent-grandchild relationship and grants grandparents access to legal proceedings to secure visitation rights. Under the law, a grandparent or any relative of a grandchild may file a petition to the court for visitation rights if they can show that the relationship is in the best interests of the grandchild. The courts are authorized to grant visitation rights to grandparents if “the best interests of the child require such contact or visitation.” Generally, the court may grant reasonable visitation rights to any person who may form a positive relationship with the grandchild. While grandparents may have the legal right to request visitation rights, the parent of the grandchild still has the legal authority to decide who the grandchild should and should not see. If the parent and grandparent cannot agree on visitation rights, the grandparent can file a petition to the court. The court will then determine what is in the best interests of the grandchild, and make a ruling based on the evidence presented.

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