Grandparents who have visitation with a grandchild may face situations where a parent is trying to limit access. In most cases, the first step will likely be to go to mediation to see if some agreement can be reached prior to taking the case to court. A mediator is a third party who goes between both parties to try to work out terms that are agreeable to everyone. In most family law cases, one mediator is used, but parties can also choose to each hire their own mediator and have a third neutral mediator help work out the issues.
If mediation does not work, the case may be brought before a judge in court. Each side might be permitted to present evidence, and the judge may pose questions about the current arrangements, possibly including questions about the grandparent’s overall health and how the grandparent interacts with the child during visits.
In most cases, the courts make decisions about access based on the child’s best interests. A judge may look at a number of factors related to the relationship, such as how long the child has known the grandparent and what effect severance of the relationship would have upon the child. A judge might also consider the reasons that a parent is asking to limit visitation and may order conditions to be imposed during visitation that would better serve the needs of the child. For example, the courts might mandate that visitation be supervised if the person visiting cannot care for the child alone.
A lawyer may be helpful in enforcing a standing custody order or seek modification to an outdated arrangement. That lawyer could try to negotiate with other parties, draft petition, make arguments in court and keep their clients informed about what is going on in the case.
Source: Findlaw, “I am a grandparent with visitation rights to my grandchildren, what should I do if the child’s parent wants to limit my visitation? – See more at: http://family.findlaw.com/child-custody/parental-visitation-rights-faq.html#sthash.adSXjipl.dpuf“, December 24, 2014