US Grandparents Rights Attorneys
For many grandparents, their grandchildren are their pride and joy. Once your own babies have grown up and have had babies of their own, you want to be a part of their lives as much as possible. However, in some instances, you may be restricted in your access to your grandchildren. This can cause frustration, resentment and heartbreak. If you are having trouble keeping in touch with your grandchildren and want to learn more about grandparents’ rights, then contact US grandparents’ rights attorney today.
Visitation and Grandparents’ Rights
Grandparents have certain rights when it comes to their grandchildren, even if you do not get along with the mother or father of the child. In most cases that we see, the biological mother or father of the child will refuse to allow the grandparents a chance to see their grandchildren because they are angry with their ex- partner.
The rights of grandparents are set that if grandparents are not being allowed access to the grandchildren, they may request visitation rights. There are several things that will be considered by the courts before agreeing to visitation rights.
Are You Entitled to Visitation?
The rights of grandparents are not black or white; it all depends on the individual circumstances. For example, in cases where there is a termination of parental rights, then the grandparent’s rights will also be terminated. In a step parent adoption, the biological parent gives up the rights as a parent and thus the rights of the grandparent are also terminated during this process. There are some instances where this may not be the case, however, such as:
- If the grandparent is the parent of a deceased parent of the child;
- I the grandparent is the parent of a child whose parental relationship was terminated by decree of adoption;
- A court determines that granting the grandparent visitation rights would be in the best interests of the child; or
- The court determines that granting grandparent visitation rights would not interfere with the parent-child relationship.
Custody and Grandparent Rights
There are instances when a grandparent may seek custody of a child. However, this can only take place in certain instances including:
- There is evidence that the child has lived with them for a period of time
- There is evidence that the custodial parent is unable to provide for the child’s emotional and physical needs