Custodia

A grandparent can file a petition in court to ask the court for visitation with his/her grandchild.¹ However, the judge will assume (presume) that if a parent has refused to allow visits, the parent’s decision is reasonable. To allow grandparent visitation against a parent’s wishes, the judge must hold a hearing and decide that all of the following are true: 

• Visitation is in the child’s best interest. The judge will look at:
  
  • the relationship between the grandparent and child;
  • how much time they have spent together;
  • the possible benefits and harms to the child;
  • how visitation might affect the parent-child relationship;
  • the child’s preference if s/he is old enough and mature enough to give an opinion; and
  • the parent’s reasons for refusing visits;
• The grandparent is “a fit and proper person” to have visitation;
• The grandparent tried repeatedly to visit the grandchild during the 30 days before filing in court, but one or both of the parents didn’t allow it;
• The grandparent has no other way to see the grandchild without a court order; and
• The grandparent showed evidence that convinced the judge the parent’s refusal of visits was unreasonable.²

¹ RI Gen. Laws § 15-5-24.3(a)(1)
² RI Gen. Laws § 15-5-24.3(a)(2)