Yes, a parent can deny a grandparent visitation, especially if no court order exists granting the grandparent these rights. In many jurisdictions, parents have the presumed right to decide their child’s upbringing and associations, including with grandparents. However, if the grandparent believes the denial is not in the child’s best interest, they may petition the court for visitation rights. The court will then consider various factors when determining grandparent visitation rights.
There are several situations in which a court will consider granting grandparent visitation rights:
- When a parent has died
- When a stepparent adopts a grandchild
- When married parents are living separately or meet certain other requirements
The court will always balance the grandparent’s right with the parent’s right to make decisions regarding their child. In many instances, if both parents refuse, the court will be hard pressed to grant grandparent visitation rights. However, there are many nuances to this. That is why legal guidance is often necessary in these situations to navigate the complexities of family law. Contact Kendall Gkikas & Mitchell, LLP to schedule a consultation and see how we can help with your case.
