Visitation rights of grandparents.
Upon petition by a person properly before it, a chancery court of this state may grant grandparents and great-grandparents reasonable visitation rights with respect to their grandchild or grandchildren or great-grandchild or great-grandchildren at any time if:
The marital relationship between the parents of the child has been severed by death, divorce, or legal separation; or
The child is in the custody or under the guardianship of a person other than one (1) or both of his natural or adoptive parents; or
The child is illegitimate, and the person is a maternal grandparent of the illegitimate child; or
The child is illegitimate, and the person is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.
The visitation rights may only be granted when the court determines that such an order would be in the best interest and welfare of the minor.
An order denying visitation rights to grandparents and great-grandparents shall be in writing and shall state the reasons for denial.
An order denying visitation rights is a final order for purposes of appeal.
If the court denies the petition requesting grandparent visitation rights and determines that the petition for grandparent visitation rights is not well-founded, was filed with malicious intent or purpose, or is not in the best interest and welfare of the child, the court may, upon motion of the respondent, order the petitioner to pay reasonable attorney's fees and court costs to the attorney of the respondent, after taking into consideration the financial ability of the petitioner and the circumstances involved.
The provisions of subsections (a) and (b) of this section shall only be applicable in situations:
In which there is a severed marital relationship between the parents of the natural or adoptive children by either death, divorce, or legal separation; or
In which the child is in the custody or under the guardianship of a person other than one (1) or both of his natural or adoptive parents; or
If the child is illegitimate.
Title 9, §9-13-103
