Grandparents and Visitation

Thankfully, for most grandparents visitation rights to see their grandchildren are something they never need worry about. Most families have their own, friendly system which allows grandchild and grandparent to bond and spend time together. However, in some unfortunate cases, communication between parents and their child, son or daughter in law breaks down to such an extent that the grandparents are denied the right to see their own grandchild.

This is obviously a distressing situation, particularly for the grandparent but also for the child. In these cases, the grandchild is being used as a tool to fuel an argument or disagreement, and both adult parties can soon forget that they should be observing the child's best interest. If you have found yourself in a situation where access to your grandchild is being denied by their parents, there is fortunately something you can do about it.

Although rare, there are cases where a grandparent has taken their child or in laws to court to attain visitation rights for their grandchildren. For many, this is the last roll of the dice in an effort to be able to see and bond with grandchildren, and it should never be treated as a first option. However, in some cases communication breaks down to such a point that there is no other option than to try and gain visitation rights to a grandchild through the courts.

The first and most important step is to know what you're dealing with; find a good, reliable lawyer who specializes in Family Law. You need someone who knows the ins and outs of cases concerning grandparent visitation. The first point your lawyer should be able to address is whether or not your home state hears cases regarding grandparent visitation.

For it is an unfortunate fact that not all 50 states currently have legislation which allows them to hear these particular cases. Your lawyer should be able to inform you if you are in one of the states that do have the requisite legal system, or you can contact your local government or court office and ask the question. In some way, however, all states deal with rights for Grandparents - though some require certain criteria to be met.

Some states, such as California, have very strict guidelines of when they will hear a visitation case from a grandparent. These include considerations of the best interest of the child, some history of a prior relationship between the grandparent and grandchild, an effect on the parent and child relationship and if the visitation has been withdrawn due an adoption by a step parent. Other states are more open, with only a few requirements - although the best interests of the child are always a consideration, regardless of state.

By talking to your lawyer and researching on the internet, you will soon learn if you have a case applicable for your state. You will then need to begin assembling evidence and preparing for a meeting with a judge. This is a long, arduous process - but success rates are good, and if all else genuinely has failed, this may be the way to go to ensure you can see your grandchildren.