Grandparents play a crucial role in many children’s lives. They provide emotional support and a sense of security.
But sometimes, a divorce or other family law issue can cut off a grandparent’s access to their grandchildren. In these cases, grandparents have the right to file a family law case to seek custody or visitation rights.
Grandparents can petition for custody
If a grandparent is caring for a child who is under the care of another parent, they can petition for custody in family law cases. This can happen in a variety of situations, such as when one or both parents have died, the child’s other parent has become unfit to take care of the child, or the other parent is deemed too far away to be involved with the child.
Custody of a grandchild is rarely awarded without strong reasons. For example, a court may find that the child’s parent has been convicted of violent crimes or has suffered from substance abuse.
Additionally, a grandparent may volunteer to assume temporary custody of a child while a Child Protective Services investigation is in progress. Obtaining custody of a child can be an emotional and financial undertaking, so it’s important to seek guidance from a family law attorney before deciding whether to file for custody of your grandchild.
They can petition for visitation
If a parent refuses to allow you to see your grandchildren, you may be able to petition the court for visitation. This process is not always successful, but it can be a good way to protect your relationship with them.
A judge will need to consider all of the evidence and decide if it is in your grandchildren’s best interests for you to have access. They will also need to balance the parents’ wishes with other factors, such as the child’s existing family structure and everyday living situation.
The court is not likely to grant grandparent visitation if it would interfere with a child’s relationship with his or her parents. However, if the grandparents show that their visits will benefit the children, the court is more likely to allow them.
They can petition for support
Grandparents are often a valuable support to a family, providing help with childcare, meals, vacations and other costs. This can make the difference between a family living below the poverty line and one that isn’t.
When grandparents want to help their grandchildren with these costs, they can petition the court for support, either as part of a divorce case or after a separation. This can be a stressful time for them, but it can also give them the chance to establish a relationship with their grandchildren and to get to know them better.
To obtain support from the court, the grandparents need to show that they have the legal right to be involved in their grandchildren’s lives. This is called standing and it can be based on many things, including a preexisting relationship with the children. It can also be a result of a custody or visitation order. It is important to contact a family law attorney for more information.
They can petition for a divorce
Grandparents often play a vital role in the lives of their grandchildren. They may be able to seek visitation and custody rights in a variety of situations, including when one or both parents are unfit.
The laws regarding grandparent visitation vary by state, and it’s important to consult a family law attorney in your area before pursuing any action.
In general, a parent’s right to control who sees their children is presumptively in the child’s best interest. However, this presumption can be challenged if the grandparents show that continued relationships with their grandchildren are in their best interests.
Generally, grandparents have a right to petition for custody or visitation in Family Court after a divorce is filed. The court will determine whether it is in the best interest of the child to award custody and visitation to the grandparents.