A court considering a petition for grandparents’ visitation rights first must determine whether there is a danger of substantial harm to the children due to the parent curtailing visitation. Proof of danger of significant harm may include:
The children had such a meaningful existing relationship with their grandparents that cutting off that relationship would be severely and emotionally harmful to them
The grandparents functioned as the daily caregiver of the children and stopping that relationship could interrupt the children having their daily needs met, thus causing emotional or physical harm
The children had a significant existing relationship with the grandparents so that ceasing or severely reducing the relationship presents a danger of other direct and substantial harm
This code section further defines “significant existing relationship” as situations in which grandparents lived with or were full-time caretakers for the children for at least six months. A significant existing relationship also might exist if grandparents had frequent visitation with the children for at least one year.