Just the Facts: Learn About Grandparents Rights to Visitation of Their Grandchildren
Posted on: June 16, 2021
Grandparents can have a very strong bond with their grandchildren. When the parents of their grandchildren get divorced, or another change occurs in the family, the grandparent might be at risk of losing contact with their grandchildren.
What rights do grandparents have to see their grandchildren? The answer is that they do have some rights. Keep reading to learn about them and reach out to Law Office of Michael L. Fell at (949) 585-9055 if you have lost access to your grandchildren and require the help of a family law attorney.
Grandparents Can Petition the Court for Visitation
It’s vital to understand that a grandparent cannot petition the court for visitation rights just because they do not think they get to see their grandchildren enough. However, there are circumstances in which grandparents can petition for visitation, and those circumstances are broad.
In some cases, the courts will consider giving grandparents visitation rights if the parents are separated or divorced, a stepparent has adopted the child, the child does not live with either of their parents, one of the parents is incarcerated or otherwise institutionalized, or the whereabouts of one parent are unknown for over a month.
The Court Will Consider the Child’s Best Interests
When the court considers the case, they will always put the best interest of the child first. To determine what is, they will think about the child’s health, wellbeing, and safety if the visitation is granted. They will think about any history of domestic violence or substance abuse by the grandparent that is seeking visitation. They will also consider how frequently the grandparent has had past contact with the child.
Generally speaking, it is unlikely that a court will provide visitation rights to a grandparent if the grandparent does not have an established relationship with the child, but there are exceptions. When a child is at least 14 years old, the court will also consider the opinion of the child.
Foster Care and Adoption
If a child is put into foster care, the grandparent will not automatically lose their ability to visit with their grandchild, but they might not be granted it by the court. On the other hand, if a child is adopted by a non-relative or step-parent, then the visitation agreements the grandparent had with the child are terminated.
Call to Find Out How We Can Help
We know you love your grandchild and feel that they would be better off seeing you regularly. At Law Office of Michael L. Fell, we can work to show the court that this is true. Contact us at (949) 585-9055 to request a free legal consultation.
