Determination of Best Interests of Child for Grandparent Visitations

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In determining the best interests of the child under §36-6-306, the court shall consider all pertinent matters, including, but not necessarily limited to, the following:

  1. The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;
  2. The existing emotional ties of the child to the grandparent;
  3. The preference of the child if the child is determined to be of sufficient maturity to express a preference;
  4. The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;
  5. The good faith of the grandparent in filing the petition;
  6. If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child;
  7. If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person;
  8. Any unreasonable deprivation of the grandparent's opportunity to visit with the child by the child's parents or guardian, including denying visitation of the minor child to the grandparent for a period exceeding ninety (90) days;
  9. Whether the grandparent is seeking to maintain a significant existing relationship with the child;
  10. Whether awarding grandparent visitation would interfere with the parent-child relationship; and
  11. Any court finding that the child's parent or guardian is unfit.


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