The burden is fairly substantial for a third-party to be awarded visitation or custody. The court is generally hesitant to intrude on the rights of a parent to make decisions about their child’s upbringing unless the parent is failing to meet the child’s needs.
If the biological parents are failing to meet the child’s needs, someone who has a parent/child-like relationship with a child may be granted custody or visitation. This happens most often when a third-party, such as a grandparent, has provided a child with housing, food, education, emotional support, and discipline for a period of time immediately preceding the initiation of the divorce.
Also, the court may allow those who have an ongoing personal relationship with a child to be awarded visitation or contact rights if it is in the child’s best interest. Extended family members more commonly have an ongoing personal relationship, rather than a parent/child relationship, with a child.