Grandparents’ Rights During a Divorce

Grandparents play an essential role in their grandchildren’s lives. When parents are having trouble, grandparents are there to care for the kids and provide support. When the parents file for divorce, they should consider the grandparents in their custody and visitation plans. In some states, grandparents can request visitation rights in a divorce.

Family laws are different in every state. Find out about your rights as a grandparent during your child’s divorce and speak with a local divorce lawyer.

Understanding Grandparents’ Rights

Grandparents have a special relationship with their grandchildren. This includes physical, financial, and emotional support for grandchildren. According to the U.S. Census Bureau, more than 2 million grandparents live with and are responsible for their grandchildren’s care. This includes biological grandparents of children adopted by a stepparent.

Generally, it is up to a child’s parents to decide how much time grandparents can spend with grandchildren. Parents are the legal guardians of their children. They have legal custody of their children and can determine who they can see.

A Supreme Court case struck down a state law allowing other family members to petition for visitation rights. The Court found that parents have the fundamental right to make decisions about their children’s care, custody, and control.

It may not seem fair to grandparents who want to spend time with their grandchildren. While the couple is married, grandparent visitation rights are up to the parents.

Grandparents can ask the court for visitation in some situations. Grandparents can request visitation or custody if one or both of the child’s parents pass away or go to jail. Grandparents can also ask for visitation if the parents get a divorce or legal separation.

Visitation Rights During a Divorce

A judge can grant grandparent visitation in divorce cases. When the family court decides visitation and child custody cases, the judge makes decisions based on the child’s best interests. If it is best for the child’s well-being, the court can award grandparents visitation rights in a divorce.

To determine grandparent visitation rights, the court considers several factors, including:

• Existing bond between grandparents and grandkids
• Relationship with grandparents and other family members
• Child’s interest in time with grandparents
• Stability of the parent’s home
• The child’s physical and mental health

Grandparent Visitation When the Parents Disagree

Courts generally give discretion to parents about how to raise their children. Parents can refuse visitation from grandparents.

After a divorce, one parent can let grandparents visit even if the other parent does not want contact. One parent can’t prohibit grandparent visitation when the child is with the other parent. A parent can prohibit contact if the grandparents pose a threat to their child.

Where there are visitation disputes, grandparents and parents can try mediation. Mediation is an alternative to court. In mediation, grandparents and parents can work together to find mutual understanding. This is a way for grandparents to keep a family connection without fighting it out in court.

Custody Considerations for Grandparents

Grandparents can seek custody rights in limited situations. In a typical child custody case, the child’s parents share custody. One parent is the custodial parent where the child lives. The other parent is the noncustodial parent who pays child support and has visitation rights. In these situations, it is up to the parents to decide how much time grandparents have in their child’s life.

In certain situations, grandparents can ask the court for custody of their grandchildren. Generally, grandparents can get custody if the child’s parents:

• Are unfit because of substance abuse
• Present a danger to their children
• Parents abandon their child
• Willingly give up parental rights

Claiming the parents are unfit is a serious accusation. This is not just a disagreement with how the parents raise their children. Unfit parenting means there is neglect, abuse, or domestic violence.

If the court finds the parents are unfit to raise the child, they can award temporary custody to a family member, including the grandparents.

Legal Process for Petitioning Visitation or Custody

During a divorce, grandparents can file a custody or visitation petition with the family court handling the divorce. The grandparent’s petition will likely be secondary to any issues decided by the court. After getting a court order with visitation time, the grandparents can enforce the visitation schedule in court.

The process for petitioning the court depends on your local court and court rules. Talk to an experienced family law attorney about getting grandparent custody or visitation rights.

Grandparents Adoption After a Divorce

Grandparents can file for adoption if the parents die or abandon the child. Parents can relinquish their rights, or the court can take them away. Generally, courts only take away parenting rights in extreme cases.

Family courts generally prefer to place children with family members if the parents cannot care for their children. Grandparents and other family members can file for adoption to become the legal parents of the children.

Help for Grandparents in a Divorce

Many grandparents struggle to get enough time with their grandchildren, especially after a divorce. It is challenging to watch grandchildren go through a tough divorce without being able to help. However, if the child is at risk of neglect or abuse, grandparents can try to get custody to keep the child safe.For more information about the legal rights of grandparents during a divorce, talk to a local divorce attorney.