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Family Law: Grandparent's Rights

Thursday, May 04, 2017
Family Law: Grandparent's Rights

There are times when grandparents don’t get to see their grandchildren as much as they would like. This is especially common when the parents are separated or divorced. This is especially true if the other parent has full custody. A death of a parent can also put a strain on visitation with grandparents.

Because many grandparents want to see their grandchildren as much as possible, many wonder if they have any visitation rights. A family lawyer will be able to help you to make sure that you can see your grandchildren more than you are now.

First of all, you do have a legal right to request visitation with your grandchildren. However, you may need to go to court because parents are allowed to decide who gets to spend time with their children.

Grandparents can get custody if they prove that their grandchildren are being harmed by their parents, though you can get approved for visits if you have a good relationship with your grandchildren and they need support from you during the divorce or death of a parent. You won’t be able to get visitation if you don’t have a relationship with them already.

If you are serious about going to court, you will need to file a petition. In it, you will have to file a detailed affidavit stating why it is in the grandchildren's best interest to visit with you and what type of relationship you had previously. Be sure to include how often you saw your grandchildren and what type of visitation schedule you are seeking.

If you already have visitation, you can ask the courts to change the agreement at any time. You may also need them to enforce it if you are not seeing your grandchildren like the agreement states.

Contact us if you have any questions about your rights.