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In a Grandparent Visitation Case, who has the Burden of Proof?

  • Posted by Alexander Nesson
  • On April 22, 2021

That would be the grandparents; where the court has an assumption that the parents are typically qualified to determine how their kids spend their time. If the parents object to grandparent’s visitation, the moving party has to show why it would be necessary for the child’s best interest such as health, safety or welfare.  Again, it’s the underlying relationship between the grandchildren and grandparents.