Grandparents Child Custody Rights
Do I Have Rights to my Grandchildren as a Grandparent?
Grandparents have rights by law. Each state has some variation of a “grandparent visitation statute,” although the specific rights therein differ from state to state. A grandparent wishing to establish her right must ask a family court to grant them the legal right to continue having contact with their beloved grandchildren.
What Kinds of Visitation Statues are There?
There are two kinds of grandparent visitation statutes:
- Restrictive Visitation – Grandparents can only get a court to order visitation if the child’s parents are divorcing or one or both have passed away
- Permissive Visitation – Grandparents can get a court to order visitation even if the child’s family has not dissolved and the parents are still living
What if the Child’s Parents Don’t Want Me to See My Grandchild?
The Supreme Court has recently decided that grandparent visitation rights do not unduly restrict the right of parents to control the upbringing of their children. For now, all states’ grandparent visitation statutes are valid. If you and your grandchild’s parents are having problems arranging visitation, you may want to consider mediation. If you file for visitation rights with a family court, they may order you and the child’s parents to go to mediation.
Do I Need a Lawyer to get Visitation Rights for my Grandchildren?
Grandparent visitation statutes are complicated and vary from state to state. An experienced family lawyer can help you understand what rights you have as a grandparent. A family lawyer can also help you file the necessary paperwork to get visitation rights.
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Last Modified: 12-18-2012 01:41 PM PST
