The right of grandfathers and grandmothers to relate to their grandsons and grandmothers
- According to the law, the parents or guardians of the minor who have parental authority or custody over it can decide with which person inside or outside the family nucleus they relate to their son or daughter.
- The Court may interfere with the exercise of this right when the existence of compelling interests is demonstrated by means of clear, robust, and convincing evidence.
- As in all cases of minors, the Court will resolve according to what it understands to be the optimal interest of the minor.
What happens if the Court authorizes the right to visit?
- This right is not automatic. If a grandfather or grandmother wishes to petition to be related to her grandson or grandmother in Court, she must file a Child Relations Complaint. You can obtain the form prepared by the Judicial Branch for these purposes here or in the Forms section on our page.
- If the Court authorizes the visitation right, the parents will determine the planning of the time, place, and manner of the authorized relationships.
What things does the Court take into consideration when determining visitation rights?
Among other things, the Tribunal must take into consideration the following:
- If these relationships are important for the integral development of the minor and
- if the minor has been under the temporary care of other people.
forms
Find here forms of the Judicial Branch that will help you in this process:
- Subsidiary Relations Demand
- sitting model
- Motion on Custody, Affiliate Relations or Parental Authority
- Motion on Stipulation, Alimony, Custody, Affiliate Relations
Where does this information come from?
This educational content refers to Art. 619 of the Civil Code of Puerto Rico.
WHEN DO GRANDPARENTS' RIGHTS APPLY?
Typically, when two parents are married (or have custody), they have decision-making power over their child's relationships with third parties, including grandparents. That means grandparents can't request visitation if both parents (including their own child) forbid it. However, there are exceptions to this situation. A grandparent can request visitation rights when:
• A parent has died (Family Code 3102)
• There is a pending dissolution or other family law proceeding in which custody of the children is in question (Family Code 3103).
• The parents are not married to each other, or the parents are married but living apart permanently or indefinitely, AND one parent has been absent for more than one month and whereabouts are unknown, or one of the parents join the petition, or a stepparent has adopted their grandchild, or the child does not reside with either parent, or one parent is involuntarily incarcerated or institutionalized. (Family Code 3104)
• Parents no longer live together • Grandparents sue for visitation with a parent
• The child does not live with their biological parents
The court will only grant visitation rights if the grandparent and grandchild have had a prior bond, especially when the continuation of the bond is in the best interest of the child. Generally, the court will also consider whether the grandparent has been completely deprived of access to grandparents to whom they have the requisite link. The grandparent bears the burden of proving with clear and convincing evidence that denial of visitation with the grandparent is not in the best interest of the child. Above all else, the best interest of her grandson is the highest priority of the court.
