Grandparents' Rights to Custody & Visitation

Grandparents are often at a disadvantage when it comes to certain family law issues, particularly visitation rights and child custody.

It can be difficult for a grandparent to obtain visitation rights after a divorce or separation, especially if the child’s parent opposes it. In most states there aren’t any clear-cut laws or guidelines when it comes to grandparents’ rights, so it is often left in the hands of the judge to decide whether or not a grandparent will receive the visitation or custody rights needed to be able to continue seeing their grandchild following a divorce.

Although there are very few laws and protections in place for grandparents, it is imperative for any grandparent wishing to obtain visitation rights to consult a family law attorney for help. Judges understand that grandparents play an important role in children’s lives, and are often willing to grant grandparents some type of visitation as long as it is in the child’s best interest.

Sometimes grandparents will be give custody of their grandchildren when the court finds the child’s parents unfit to provide adequate support or supervision. This is usually due to an incapacity, mental illness, permanent disability or illness, or a history of drug abuse, alcohol abuse, or domestic violence.

When making a ruling, a judge will always put the child’s best interest first and foremost. An attorney can present a convincing argument as to why you deserve visitation or custody rights, and advocate your case at each and every hearing and/or court appearance. If you want to fight for your grandchildren, a family law attorney is there to help you!