Do Grandparents have the right to see their grandchildren even if the parents will not allow visitation?
A grandparent has the right to petition for visitation if the parents are divorced or separated. However, in order to rebut due process presumptions in favor of the parent deciding on appropriate visitation with the grandparents, the grandparents must demonstrate by clear and convincing evidence that the visitation schedule they seek, and not the visitation schedule the parent seeks, is in the best interests of the child.