How Can Grandparents Obtain Visitation Rights?
Grandparents can play a big role in the lives of their grandchildren, but sometimes discord in the family makes it difficult for them to maintain a relationship with their grandson or granddaughter. This is when applying for visitation rights may be a smart option. Our Chatham family law attorneys may be able to help.
How Can Grandparents Petition for Visitation Rights?
Grandparents are allowed to petition for visitation rights of their own at any time. This includes during or after a divorce process, or after the death of a parent. If one or both parents do not let the grandparents visit with their grandchild, going to court might be the only option.
The grandparents can make an application and show that allowing the child to visit them is in the best interest of the child. Their reasoning cannot just be “We just want to visit our grandchild.” The court will make sure that this is something that is good for the child, especially if the petition is filed in the aftermath of a parent’s death or divorce proceedings.
What Does the Court Consider When Granting Rights to Grandparents?
The court can look at a number of factors before deciding whether or not visitation with grandparents is in the child’s best interest. Key elements determining the outcome of a grandparent’s case could include:
- What the relationship between the child and grandparents was like before
- The last time the grandparents had contact with their grandchild
- The relationship between the grandparents and both parents
- Whether the grandparents have provided financial support for the child
- If the child would be at any risk in the grandparents’ care
- Any history of abuse
The court also has to consider the current visitation agreement between the parents and how much time there is to divide up. Even if youseem to have the best interest of their grandchild in mind, the court cannot grant visitation unless it seems like it will be a positive thing for the child.
One thing that can work in favor of grandparents here is if they have been a full-time caretaker of the child in the past. If there is any way to prove this, then you can greatly increase the chances of securing visitation rights.
Can an Attorney Help Me?
A family law attorney cannot guarantee any outcome, but they can help you make your best possible argument for visitation rights. A lawyer from our firm can help you gather evidence that visits with your grandchild will be in their best interest and make your case to the court. Whether there are witnesses to talk to or financial documents that show how you have supported your family in the past, we will use everything we can to help you win.
Schedule Your Consultation
If you want to learn more about your options and the rights of grandparents, please contact Lazor Rantas, PC. We can schedule a consultation and tell you more about how our lawyers could be of assistance.