Here are some different circumstances that grandparents often face when considering these issues:
Previously Cared for Grandchild
Grandparents can be granted grandparents visitation rights if they previously cared for the grandchild. In cases like this, the grandchildren may have stayed with the grandparents for a stable environment or if the parent was incapacitated by legal trouble or bad health. Grandparents can petition the courts for visitation in these situations. Grandparents can also ask for some type of legal guardianship or custody if they can prove that it is in the best interest of the child to continue residing with them.
Child Deceased
If a grandchild’s parent is deceased, the grandparents of the deceased child can petition the courts for visitation rights. The grandparents have the burden of showing to the court that having visitation will be in the best interest of the grandchild, and visitation rights must not interfere with the relationship between the grandchild a remaining living parent. Any complications or a bad relationship between the grandparents and the remaining parent may cause visitation to be denied depending upon the court ruling.
Divorce Scenario
If two parents are going through a terrible divorce and the grandparents are being denied access to the grandchildren, then the grandparents can petition the courts for grandparents visitation. Strong reasoning for this is that it can beneficial for the grandchildren to maintain stable and healthy relationships with grandparents during and after difficult times, such as a divorce. In this case as well, the grandparents must prove that visitation is in the best interest of the child.
You can find out a lot more about each of these situations and any factors that might apply to your grandparents rights at The Custody Center.
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