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Family Visitation: Although visitation is not transferable from a parent to another person, under certain circumstances the common law permits a non-custodial parent to ask the court to permit his or her family to have visitation with the child when the parent is not able to.18 Indeed, it is possible for third-party, non-parents to petition for visitation rights based solely on common law theories. In one famous case,19 the mother died in child birth and the baby lived with the maternal grandparents for the first five years. The father was then awarded custody and he sought to keep the child from the maternal grandparents. The grandparents went to court – without using the grandparents’ visitation law – and were awarded visitation with the child based on common law principles.