What is the law in Connecticut concerning the rights of grandparents to visit with their grandchildren?
Connecticut General Statutes §46b-59 allows grandparents (and other third parties) to file an application for visitation with a minor child. However, many of these applications are dismissed. This is because Connecticut requires a third party, such as a grandparent, to satisfy both elements of a two-part test before their application will be considered:
1. A grandparent must have a relationship with the child that is similar to a parent-child like relationship; and
2. The grandparent must establish that denial of the visitation will cause real and significant harm to the child. Note that this is a much higher standard than what might be in the child’s best interest.
If both these elements are not established, no visitation will be ordered and the case will be dismissed. If, however, both elements are established a judge will then decide visitation based upon what is the child’s best interest.
States laws vary concerning third party visitation over the objection of a fit parent. Is the law in Connecticut too restrictive or does it protect the fundamental right of a parent to raise a child free from interference?
This is subject is understandably emotional and often creates spirited discussions amongst attorneys and family members alike.
Feedback welcome.