§48-10-702. Proof Required When Action Is Not Pending for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity
(a) If a petition is filed pursuant to section 10-402 when the parent through whom the grandparent is related to the grandchild does not: (1) Have custody of the child; (2) share custody of the child; or (3) exercise visitation privileges with the child that would allow participation in the visitation by the grandparent if […]
§48-10-801. Order Granting or Refusing Grandparent Visitation Must State Findings of Fact and Conclusions of Law
GRANDPARENT VISITATION. §48-10-801. Order granting or refusing grandparent visitation must state findings of fact and conclusions of law. An order granting or refusing the grandparent's motion or petition for visitation must state in writing the court's findings of fact and conclusions of law.
§48-10-802. Grandparent Visitation Orders
In the courts discretion, an order granting visitation privileges to a grandparent may provide for daytime visits, overnight visits and electronic communications. For the purposes of this section, the term “electronic communications” includes, but is not limited to, communications by telephone, email, Skype, Facetime, text messaging and instant messaging.
§48-10-803. Supervised Visitation; Conditions on Visitation
In the courts discretion, an order granting visitation privileges to a grandparent may require supervised visitation or may place such conditions on visitation that it finds are in the best interests of the child, including, but not limited to, the following: (1) That the grandparent not attempt to influence any religious beliefs or practices of […]
§48-10-901. Effect of Remarriage of the Custodial Parent
The remarriage of the custodial parent of a child does not affect the authority of a circuit court or family court to grant reasonable visitation to any grandparent.
§48-10-202. Child Defined
"Child" means a person under the age of eighteen years who has not been married or otherwise emancipated.
§48-10-203. Grandparent Defined
"Grandparent" means a biological grandparent, a person married or previously married to a biological grandparent, or a person who has previously been granted custody of the parent of a minor child with whom visitation is sought.
§48-10-301. Persons Who May Apply for Grandparent Visitation; Venue
A grandparent of a child residing in this state may, by motion or petition, make application to the circuit court or family court of the county in which that child resides for an order granting visitation with his or her grandchild.
§48-10-401. Motion for Grandparent Visitation When Action for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity Is Pending
(a) The provisions of this section apply to any pending actions for divorce, custody, legal separation, annulment or establishment of paternity. (b) After the commencement of the action, a grandparent seeking visitation with his or her grandchild may, by motion, apply to the family court for an order granting visitation. A grandparent moving for an […]
§48-10-402. Petition for Grandparent Visitation When Action for Divorce, Custody, Legal Separation, Annulment or Establishment of Paternity Is Not Pending
(a) The provisions of this section apply when no proceeding for divorce, custody, legal separation, annulment or establishment of paternity is pending. (b) A grandparent may petition the family court for an order granting visitation with his or her grandchild, regardless of whether the parents of the child are married. If the grandparent filed a […]