Grandparents visitation rights and divorce

Grandparents should consider visitation rights as soon as they learn of a divorce, and should begin preparing their case for grandparents visitation immediately. In some cases, extended family members may have a say in how custody is determined, especially if they are seeking custody on a more formal basis. For example, some divorce cases bring to light other issues, such as abuse and neglect, in which case children become wards of the state if no one else steps up to take custody.

The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety of reasons. For one thing, advocates argue that grandparents provide a constant supply of support for children whose lives are otherwise disrupted by divorce. Advocates also argue that vindictive custodial parents may work to sever otherwise positive relationships between the children and the other parent’s relatives, causing emotional trauma.

However, grandparent visitation rights are rarely included in divorce proceedings if both parents are found to be competent. Most state courts do not see reason to interfere in these personal affairs, and it is possible that parents may want to limit visitation with grandparents. If the grandparents wish to contest this there must be a very good cause.

The courts usually recommend that parents consider grandparent visitation in a non-legal capacity. As long as relatives avoid contradicting the parenting decisions of the parents, and as long as they don’t interfere in the relationships between parents and children, it shouldn’t be a problem. Of course, these things rarely work out perfectly, and an increasing number of families are turning to the courts for mediation of these disputes.

In closing, it is possible for grandparents to petition for visitation rights of children during a divorce, but these requests are rarely granted without cause. If you want to take this route, you should take a look at my book No Greater Loss where I go into detail on these kinds of cases.