Grandparent Visitation

Mississippi expressly allows for grandparent visitation by statute. The statute permits grandparent visitation in a couple of instances - such as if a parent dies, loses custody, or loses parental rights. Should one of these things occur, the grandparents may petition the court for visitation with their grandchild. Visitation may be granted if the court finds that such an arrangement would be in the child's best interests.

Additionally, the grandparent visitation statue allows for grandparents to petition the court for visitation under a different set of circumstances. If the grandparent had a viable relationship with the child, the parent or custodian of that child unreasonably denied visitation with the grandparent, and visitation would be in the child's best interests, the court my grant the grandparents visitation.

Grandparents can prove that they have a viable relationship with the grandchild by showing that they have provided some financial support for the child for at least six months, or by showing they had frequent visitation with the child, including overnight visits, for at least one year.

Then, if a grandparent can meet the statutory requirements for visitation, the court will consider the Martin v. Coop factors to determine whether visitation would be in the child's best interests. Those factors are:

1) Potential disruption in the child's life
2) Suitability of the grandparents' home
3) The child's age
4) The age and physical and mental health of the grandparents
5) The emotional ties between grandparent and child
6) The grandparents' moral fitness
7) Physical distance from the parents' home
8) Any undermining of the parents' discipline
9) The grandparents' employment responsibilities
10) The Grandparents' willingness not to interfere with the parents' rearing of the child

Of course grandparent visitation, if granted, will not be as large as parental visitation, but you will be able to see your grandchildren more often and regularly.

If you have been denied time with your grandchildren, be sure to contact a family law attorney to inform you about your rights - you may be able to obtain visitation rights through the courts.

Jonathan T. Day, Esq. is a Divorce & Family Law attorney serving the Jackson, MS metro area. He knows how much grandparents enjoy spending time with their grandchildren!