Sometimes in post-divorce cases grandparents may be denied visitation with their grandchildren by one or both parents.

In certain situations, grandparents can establish legal rights to their grandchildren.  Before establishing grandparents’ visitation rights the court determines if a historical relationship exists and if there are any extenuating circumstances that must be taken into account.  The court must consider how children are affected and the relationship between parents and grandparents. If parents are estranged from grandparents, the court will determine whether or not visitation will be detrimental in the long run. Being a blood relative is not a sufficient legal reason to assert visitation rights.

A court is more likely to order visitation if the grandparent had a long relationship with the child, or lived with the child. Visitation is also more likely to be granted if the child is emotionally dependent on the person or expresses a preference to see that person regularly. The court may also consider financial support the person has provided for the child.

In the case of grandparents seeking custody of a grandchild, it is difficult to get a court to order custody to someone other than a parent. As long as the parents are still alive, they must be proven unfit. A grandparent might be granted custody, for example, if the parents abuse the child, are addicted to drugs, or neglect the child.

The law surrounding child custody and visitation by grandparents  is complicated. Plus, the facts of each case are unique.  For more detailed, specific information, please contact a child custody lawyer.

 

Source Lawyers.com viewed on Aug 26,2014