In some states, are grandparents allowed to file a petition for visitation rights without the involvement of the custodial parent?
In Maryland, grandparents may be allowed to petition for visitation rights without the involvement of the custodial parent. According to the Maryland Grandparents’ Rights Law, a grandparent may file a petition for visitation rights “if the court finds that child is not living with a custodial parent or legal guardian.” This means that, in some cases, a grandparent may file for visitation without involving the custodial parent. To file for visitation rights without the involvement of the parent, the grandparent must demonstrate that the parent has abandoned the child or that the parent is otherwise unsuitable. The grandparent must also demonstrate that the proposed visitation is in the best interests of the child, and that they have a “significant and viable relationship” with the grandchild. It is important to note that the Maryland courts will not deny visitation rights to a custodial parent based solely on the fact that the grandparent filed for visitation rights. Instead, the court will weigh the best interests of the child and the relationship between the grandparent and grandchild when making its decision. Ultimately, the court’s decision is based on what is in the child’s best interest.
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