In Alaska, do grandparents have visitation or even custody rights? The short answer is yes, in certain situations. However, the burden is on the grandparents to prove that the child will be harmed if they don’t see their grandparents or if they stay in the custody of their parents.

In an uncontested divorce, previsions for the grandparents or other family members can be included in the Petition. If the divorce is contested and the judge is making decisions to finalize the divorce, grandparents are not included. It is just too complicated to carve out formal visitation when the parties are warring. There is an assumption by the court that grandparents will see the children during the time allotted to the mother or father of the children.

Grandparents may gain more visitation or even custody if it is proven that one or both parents are abusive or if there is a history of abuse in the family. Grandparents have an opportunity to have custody of the children and one or both parents are allowed to have supervised visitation with the children.

If the court has established visitation for both parents and the father or mother refuse to allow the grandparents any time with the children, the grandparents can petition the court for visitation rights at that time. The court looks at two basic conditions in deciding.

First, the court always looks at the harm or benefit to the children. If the grandparents have a history of abuse, the court will probably defer to the parent’s decision. However, if the court may realize that prior to the divorce the grandparents were a vital part of the children’s lives. Second, the grandparents must show that they have made every attempt to see the children and stay involved in their lives.

If the grandparents have given up and failed to struggle to see the children, it will be very difficult to prove to the court the they care about the children, have attempted to be part of their lives, and that the children are being harmed by not interacting with the grandparents.

Once the grandparents lose a foothold in the children’s lives it is difficult to persuade the court they are relevant. The only way grandparents can reenter the children’s lives is in situations where the parent or parents become unfit or abusive and at that time the grandparents may be able to gain custody of the children.

If you are a grandparent struggling to be a vital part of your grandchildren’s lives, we can help.