Grandparent’s Visitation Rights in Rhode Island
Providence Visitation & Custody Attorneys
Under Rhode Island law, grandparents and relatives have the right to petition the family court to visit with a grandchild and other relatives. Frequently this occurs during or after a divorce, when grandparents or relatives have been shunned by one spouse. Additionally, visitation with a family member or grandparent is sometimes curtailed when one of the child’s parents has died. At McIntyre Tate LLP, we represent grandparents who are seeking visitation rights of their grandchildren.
Petitioning for Grandparents Rights
In the first and most common scenario, following a divorce in Rhode Island or in other situations where parents simply will not allow a child to visit with grandparents, the grandparents can petition the family court to be allowed to see the child. During or after divorce they can intervene in the proceeding and seek visitation rights. Thereafter the court can make orders to enforce the visitation rights.
- In determining whether the court should grant visitation rights to grandparents and relatives, the family court judge must make specific findings regarding whether:
- It is in the best interest of the grandchild that the grandparent has visitation rights with the child.
- The grandparent is a fit and proper person to have visitation rights.
- The grandparent has repeatedly attempted to visit with his or her grandchild within the last past 30 days and was not allowed to do so.
- There is no other way that the petitioner is able to visit with the grandchild without court intervention.
- The petitioner proves by clear and convincing evidence that the parents' decision to refuse visitation was reasonable.
With more than 150 years of combined experience, our team is prepared to represent you and your case aggressively. Our Rhode Island grandparent's visitation rights attorneys are committed to securing you access to see your grandchildren.
Contact our Rhode Island family law firm online to schedule an appointment with a skilled member of our team.