Whether your family looks right out of a midcentury American Dream magazine or is a little more multi-faceted than that, many people believe children are the heart of the family. It can bring parents, grandparents, aunts, uncles, and other family members great joy to witness a child grow up. Yet, when families upheavals like death or divorce occur, relatives may be unsure where their relationships stand. Does a grandparent have rights to their grandchildren?
What Rights Does a Grandparent Have?
The answer varies state-to-state. Grandparent rights to visitation, or simply “grandparent rights,” are the law’s solution to situations when a grandparent has been unjustly removed from a child’s life. However, these rights are complex, so legal advice from an attorney is key to understanding your rights.
Grandparent rights do not trump the parents’ wants for the child. For this reason, the court will usually only hear a grandparent rights petitions if one or both parents are unable to care for their children. For example, if a parent dies and the living parent does not facilitate a relationship between the children and the deceased’s parents, these grandparents would be within their rights to file a petition for visitation. This may also apply when one parent is incarcerated or is unfit to parent their children.
The court may also consider visitation when both parents are alive and married if they:
- Live separately
- A parent is missing
- The child doesn’t live with their parents
- A stepparent adopts the child
- one parent has not seen their children and joins the grandparent rights petition.
What Should I Do if I Think I Have a Grandparent Rights Case?
Grandparent rights are a highly volatile, often hotly contested affair. If you’re a grandparent looking to reestablish visitation with your grandchildren or a parent educating yourself on these rights to protect your family from a harmful grandparent, it’s best to seek out legal counsel from an attorney. Your attorney will have the best guidance for your unique situation.
Whether your family looks right out of a midcentury American Dream magazine or is a little more multi-faceted than that, many people believe children are the heart of the family. It can bring parents, grandparents, aunts, uncles, and other family members great joy to witness a child grow up. Yet, when families upheavals like death or divorce occur, relatives may be unsure where their relationships stand. Does a grandparent have rights to their grandchildren?
What Rights Does a Grandparent Have?
The answer varies state-to-state. Grandparent rights to visitation, or simply “grandparent rights,” are the law’s solution to situations when a grandparent has been unjustly removed from a child’s life. However, these rights are complex, so legal advice from an attorney is key to understanding your rights.
Grandparent rights do not trump the parents’ wants for the child. For this reason, the court will usually only hear a grandparent rights petitions if one or both parents are unable to care for their children. For example, if a parent dies and the living parent does not facilitate a relationship between the children and the deceased’s parents, these grandparents would be within their rights to file a petition for visitation. This may also apply when one parent is incarcerated or is unfit to parent their children.
The court may also consider visitation when both parents are alive and married if they:
- Live separately
- A parent is missing
- The child doesn’t live with their parents
- A stepparent adopts the child
- one parent has not seen their children and joins the grandparent rights petition.
What Should I Do if I Think I Have a Grandparent Rights Case?
Grandparent rights are a highly volatile, often hotly contested affair. If you’re a grandparent looking to reestablish visitation with your grandchildren or a parent educating yourself on these rights to protect your family from a harmful grandparent, it’s best to seek out legal counsel from an attorney. Your attorney will have the best guidance for your unique situation.
Family Law Legal Document Assistance in the Inland Empire
ProSe Legal is the Inland Empire’s local legal document assistance with more than 15 years of experience. Whether you’re filing for divorce or requesting a paternity test, our team of knowledgeable family law legal document assistants can help you every step of the way to complete and file your uncontested legal paperwork. With a ProSe Legal LDA on your side, you’ll never face unexpected fees or refiling costs. We always file right the first time.
If you need help completing your family law legal documents, today or call (909) 224-4361.
