I am the child's grandparent. Can I get visitation?

In certain cases, grandparents can ask the court for visitation. If there is a court which has considered or is considering the custody or visitation of a child, the grandparent can file a written request with the court to ask for visitation. The court can grant it if it would be in the best interest of the child.¹

If there is no such case going on regarding custody or visitation, a grandparent can start his/her own case for visitation in superior court ONLY if a parent of the child:

• is deceased (dead),
• is physically or mentally unable to make a decision about visitation, or
• has abandoned the child.²

When deciding whether or not visitation with the grandparent would be in the child’s best interest, a judge may look at:

• the love, affection and other emotional ties existing between the grandparent and the child;
• the ability and willingness of the parties involved to give the child love, affection and guidance;
• the nature of the relationships between the grandparent and the grandchild and the desirability of maintaining the relationship;
• the moral fitness of the parties;
• the mental and physical health of the parties;
• the child’s reasonable preference, if the court believes the child is old enough to express a preference;
• the willingness and ability of the grandparent to help and encourage a close and continuing relationship between the child and the other parties and; and
• any other factor which the court considers to be relevant.³

If you are denied visitation by the judge, you have to wait one year before you can file for it again unless there has been a substantial and unanticipated change of circumstances since you were denied the visitation – then you can re-file before the one year period is up.⁴

¹ VT ST 15 § 1011
² VT ST 15 § 1012
³ VT ST 15 § 1013
⁴ VT ST 15 § 1015