Do Grandparents Have Rights - Divorce

What about the grandparents?  Why are they often times left out of the divorce picture – they’ve helped raise, mentor and love the children and now they are no longer allowed to continue their beautiful relationship with the grandchildren.  Grandparents, you have rights – fight for them.

Decisions are made in the “best interest” of the children and you may well be the missing piece that your grandchildren need. Don’t just wring your hands and walk away, contact an attorney and ask for legal advice and assistance.  Each State has laws that actually protect grandparents “rights” and if you’ve been an active participating person in the children’s lives, you’ll get more than a nod.

It may be a good idea to gather up some factual information before your first free consult with an attorney.  Try to show via pictures, birthdays, holidays, vacations etc. how you’ve been actively involved with your grandchildren. You want to prove that your relationship with the grandchildren is special and that you’ve been a devoted participant in their lives.  

If you present your case to the courts, be prepared to answer all questions about your relationship with the grandchildren. Be prepared to tell the judge how often you would like to visit with your grandchildren.  If the children are very small and you’ve moved out of State, this definitely could pose a problem, but maybe you could ask to spend a portion of the holidays or their birthdays with them.

Explaining your relationship with the custodial parent prior to divorce proceedings will help the judge make a decision – if it’s been stormy weather and extensive conflict with the custodial parent prior to the divorce this will be taken under consideration also.

The important question in court will be why the custodial parent refused you visitation rights with the grandchildren. Do they have a valid reason or is it merely a payback and punishment against their ex spouse?  How the custodial parent thinks grandparent’s visitation would harm the children?

Yes, grandparents have rights and many times continuing communication and visitation with the grandchildren is in the “best interest” of the children.  As a grandparent, I have been actively involved in my grandchildren’s lives and have helped raise each of them – there’s no way in h- - -, that I would allow my grandparent’s rights to be taken away.  

As Always,

Little Tboca