Do Grandparents Have Visitation Rights in Connecticut?

Some families may wonder: Do grandparents have visitation rights in Connecticut? Grandparents do have visitation rights in Connecticut; however, the law does not automatically provide grandparents with the right to visit a child just because of a blood relationship or kinship to a child. When a parent has contested the grandparent visitation, the grandparent generally must meet specific requirements before the court can order visitation.

Grandparents’ Rights in Connecticut

Connecticut law does not treat grandparents and parents as having equal rights over a child’s visitation. In general, a fit parent has a constitutionally protected right to make decisions concerning a child’s care and who the child should have relationships with.

Under Connecticut General Statutes § 46b-59, a grandparent may file a verified petition requesting the Superior Court to order visitation. To be considered, the petition needs to clearly state, in good faith, that the grandparent has a parent-like bond with the child and that blocking visits would genuinely and substantially hurt the child. Once the hearing is concluded, the grandparent is required to demonstrate these two elements using clear and convincing evidence.

Generally speaking, showing visits would be enjoyable or even beneficial for the child is not enough if a parent objects to visitation. The legal standard requires evidence about the nature of the existing relationship and the harm likely to result from severing it.

According to the most recent US Census, an estimated 39,873 grandchildren under 18 live with their grandparents in Connecticut, with 38.6% being under the age of 6 and 32.9% being between the ages of 6 and 11, highlighting the significance of visitation matters.

What Is a Parent-Like Relationship?

A parent-like relationship is more than just being a loving or involved grandparent. In deciding whether to grant visitation, Connecticut courts might look at: 

• How long the relationship lasted
• How often it was broken off
• The specific things the grandparent did for the child
• Whether the grandparent undermined the parent’s authority
• Whether the parent was absent from the child’s life
• One of the parents died
• The child’s parents are physically separated
• The fitness and overall health of the grandparent

For the purposes of grandparent visitation, the court may also consider evidence of regular contact and a close and substantial relationship with the child.

Things like consistently caring for a child, driving them around, cooking meals, aiding with school tasks, or taking on significant day-to-day oversight count as parent-like involvement. The impact of these events is quite dependent on the overall context and the full dynamic of their bond.

What Is Causing Real and Significant Harm?

The second key requirement is showing that a denial of visitation would cause real and significant harm. The law defines the term by reference to the state’s child-protection standards, including the circumstances in which a child is neglected, abused, or uncared for, as defined in Connecticut General Statutes § 46b-120.

The requirement imposes a significantly higher standard than demonstrating that ongoing contact would be in the child’s best interest. A grandparent must offer evidence that ending the relationship would cause the type of harm that is recognized by Connecticut law.

When to Hire a Grandparents Rights Lawyer

A Connecticut grandparents rights attorney can review the facts to determine if a petition is legally supported. They can also handle the preparation of the verified petition, incorporating all the particular allegations that Connecticut law specifies.

Should the matter proceed to a hearing, attorneys have the opportunity to submit proof of the grandparent’s bond with the child, counter the parent’s concerns, and articulate legal arguments. When custody or adoption concerns touch upon a grandparent’s bond with the child, an attorney can also help. If you are being denied visitation, hire a grandparents’ rights lawyer right away.

Get to Know Suisman Shapiro Attorneys-at-Law

Suisman Shapiro Attorneys-at-Law has been providing representation for individuals and families in eastern Connecticut for over 80 years. The firm was founded by Charles Suisman, Max Shapiro, and Louis Wool, and has grown to become one of the largest law firms based in eastern Connecticut. At Suisman Shapiro Attorneys-at-Law, our Connecticut family lawyers handle family law cases, including grandparents’ rights cases, with the care and advocacy they deserve.

For families in southeastern Connecticut, family law cases may be heard in the New London Judicial District, which includes the courthouse located at 70 Huntington Street, New London, CT 06320. The courthouse is accessible from Interstate 95 and serves the communities of New London, Groton, Waterford, and the surrounding areas.

FAQs

What Rights Do Grandparents Have in CT?

Generally, grandparents do not automatically have legal rights. There is no inherent right to grandparent visitation in Connecticut when a parent disagrees. Legally speaking, the court sees the custodial parent(s) as the decision-makers for their children. Unless it can be proven that this is not in the best interest of the child, a grandparent would typically not have the right to impose their own preferences.

Can Grandparents Be Stopped From Seeing Their Grandchildren?

Yes, a grandparent can be stopped from seeing their grandchildren. A parent has almost absolute discretion as to the management of a child’s relationships, and Connecticut does not provide a right to grandparent visitation merely based on the family relationship. A grandparent denied contact with the child may file a court petition, but must meet the standard to do so, as defined by Connecticut visitation laws.

What Do You Do When You Are Not Allowed to See Your Grandchildren?

A grandparent cut off from contact with a grandchild can start by documenting the relationship with the child. Information that demonstrates regular visits, caregiving responsibilities, and other parent-like activities can be helpful.

If informal efforts to resolve the conflict are unsuccessful, the grandparent can file a verified visitation petition in the Connecticut Superior Court. Your filing needs to lay out concrete, genuine claims that meet the legal standards for court-ordered visits.

Can a Grandparent’s Visitation Order Be Modified?

Yes, a grandparent’s visitation order can be modified. A Connecticut visitation order can be modified through subsequent court proceedings as they relate to the child’s custody, parental rights, or adoption. The law also permits a court to place specific conditions on the visitation, such as the visitation schedule, times, locations, and whether overnight visits are allowed.

Begin Advocating for You and Your Grandchild’s Future

If you have a grandchild that you wish to visit, but need legal help to do so, Suisman Shapiro Attorneys-at-Law may be able to help you. Contact us today to begin discussing your case.