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

In South Dakota, grandparents are allowed to seek visitation rights with their grandchildren, regardless of whether or not they have been legally married to the child’s parent. In order to do so, grandparents must file a petition with the court seeking custody of, or visitation rights to, the grandchild. The court will review the grandparents’ petition and consider a variety of factors in making their decision about visitation rights. These factors include: the length of time the grandparent has been involved in the grandchild’s life; the relationship between the grandparent and grandchild; the child’s own preference; and the parents’ preferences. The court may grant the grandparents visitation rights with their grandchild if it determines that the visitation is in the grandchild’s best interest. This visitation could be limited in terms of duration and/or frequency if the court so chooses, allowing for the stakeholders involved to reach a compromise. In certain cases, the court may even grant the grandparents full custody if it deems that living with the grandparent would be in the best interest of the child. Grandparents who have never been married to the grandchild’s parent can still seek custody or visitation rights to their grandchildren in South Dakota. Ultimately, the court will consider a variety of factors in making its decision, and will grant the visitation rights if it finds that the visitation is in the best interest of the grandchild.

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

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