Grandparents' Rights

Grandparents' rights are an issue which may arise in a family law matter, especially because of today's high divorce rate. Other issues such as single parenthood, alcohol abuse or drug addiction, and current economic hardships have also contributed to the changes in traditional custody agreements. In these situations, the court may rule that one or both of the parents in a divorce are unfit to raise their child or children. The relationship a child has with his or her grandparents is an important one which many believe should be protected, and thus legal action may be taken to protect these rights.

In some situations, a grandparent or grandparents may be denied visitation by a parent after a divorce or legal separation. A grandparent, in these cases, may be able to go to family court in an effort to obtain visitation rights with the child or children. The courts have seen an increasing number of petitions by grandparents, and individual states have started to specifically address the custody and visitation rights of grandparents.

In order for a grandparent to achieve custody of a grandchild, the court must see a major commitment on the part of the grandparents and, if the parents are not willing to surrender custody, the court must give its blessing. Even though parents are guaranteed certain rights under the Constitution, the court has the power to step in and make decisions about parental control of children. If the parents are not acting in the best interest of their child(ren), the court will step in and may grant custody to the grandparents. Grandparents' rights issues may also arise in conjunction with the death of both parents, in adopting the grandchildren or obtaining custody. A professional child custody attorney can provide strong legal representation for grandparents who are fighting for visitation or custody rights, because sometimes it is necessary to take legal action to protect the ones you love.

Want to protect your rights as a grandfather? Find a family law attorney to help with your case!