Grandparent's rights to visitation and custody may differ in different states. Courts may grant you visitation and custody rights as a grandparent only when certain conditions are met. The conditions that may be required to attain custody differ from those needed to get visitation privileges. Before filing a petition for either in the court, you should be aware of these conditions.
When a court considers granting visitation or custody rights to a grandparent, they are required to keep the best interests of the child in mind. Courts determine whether you have the capability to fulfill the needs of the child, both physically and emotionally. Safety and welfare of the minor are also evaluated. In most cases, the child's preference is also taken into account.
If you are being kept from your grandchild by a parent who is refusing you access, then there are certain legal options you can take. It may be better to resolve issues outside of the family law court for the well-being of the child. In most cases, mediation through a professional may help resolve the matter in a structured way. However, if all else has failed, litigation might be your only option.
By contacting a family law attorney, you may get information about the conditions that are required by the court to be fulfilled when granting you custody or visitation rights. Since custody laws have specific requirements, having accurate information may benefit you. Moreover, a lawyer may help you with the right approach to handle the legal matter and if needed, make a strong case for court.