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2016 - U.S. Legal Forms Inc USLegal Pamphlet to Grandparent Visitation INTRODUCTION The right of the grandparent to visit the grandchild is not a constitutional right. Adoption cuts off the adoption is granted to a stepparent or a natural relative of the HAWAII The custody statute requires courts to consider the child s wishes if the child is old enough and has the capacity to reason and evidence of any domestic violence when Hawaii is the home state of the child at the time visitation is...requested and visitation is in the IDAHO A court may award visitation rights if ILLINOIS In 2002 the Illinois Supreme Court determined that the Illinois Grandparent Visitation Act violated the Illinois Constitution. A new visitation statute became effective on January 1 2005. Traditionally the common law denied with a child over a parent s objections. However since 1965 all 50 states and the District of Columbia have enacted legislation enabling grandparents to petition the courts for visitation...rights with grandchildren* The laws do not make granting of automatic they merely give grandparents the right to ask for a visitation order. Therefore rights are merely stat-utory rights given by state legislatures. All states have some form of laws. Among those laws that permit are two primary types restrictive and permissive. to request either from a court of law. The law relating to grandparents varies from state to state. Local laws should be consulted for requirements in your area* Courts...grant visitation or custody to grandparents only when certain conditions provided in state statutes are met. Conditions for a custody differ from those conditions required for visitation rights. A grandparent should be familiar with custody or visitation before determining whether to file a petition State Provisions for Custody and Visitation JURISDICTION STATE PROVISIONS FOR CUSTODY AND VISITATION Courts grant visitation or custody to check a number of provisions in the statutes in their...respective states to determine the conditions for visitation the factors a court must consider to order visitation and the proper venue to file a request for visitation* Though many state statutes are similar state courts may apply statutory provisions differently. Every statute requires courts to consider the best interest of the child before awarding custody As noted above courts in a few states have ruled that statutes providing for violate either the federal or the respective state...constitutions. Several states have revised the statutory visitation provisions but the statutes may still be in question* ALABAMA Alabama courts struck down portions of the statute as Alabama Legislature in 2003 amended the statute to comport with revised statute a court may grant visitation to a is in the child s best interest and one of five events has occurred 1 one or both parents of the child are deceased 2 the marriage of the parents of the child has been dissolved 3 a abandoned the child...4 the child was born out of wedlock or 5 the child lives with both biological parents but one or both of the parents has prevented a grandparent from visiting the child.