Brian D. Perskin & Associates
Legal Separation and Grandparents: What Now?

grandparents rights

Divorce doesn’t just affect the couple signing the agreement or their children. It also affects the grandparents from both sides of the family. How and when will grandparents be able to spend time with their grandchildren? Will they be able to continue regular vacations with the grandchildren? These are crucial questions that all grandparents will want to know the answers to when their adult children divorce. So, what happens next? This article will explore divorce and the rights of grandparents caught in the middle of the separation.

Loyalties Become Divided

One of the most common things that will happen when your adult children divorce is that your loyalties will become divided. Who will you continue to support? Is it okay for you to continue to have a relationship with your former daughter or son-in-law? Will you upset your adult child if you do so? If you want to help with the grandchildren and make the transition as easy on them as possible, it’s best to smooth over relationships as much as possible. You should also spend quality time with both your adult child and your grandchildren when you can.

Will I Lose Touch With My Grandchildren?

grandparents rights and divorceAnother common worry of divorce for grandparents is that they will lose touch with their grandchildren. One of the adult children might move away with the grandkids, possibly out of the state, leaving you without the ability to see them as often as you’d like. One way to retain the ability to see your grandchildren is to remain neutral in the divorce, avoid being critical of your child’s former spouse, and offer as much help and support as possible when it comes to caring for the children.

Can I File a Claim for Visitation Rights?

Many grandparents who have lost a lot of time with their grandchildren due to their adult children divorcing always wonder if they can file a claim for visitation rights. In New York, you may file a claim for visitation rights if you believe that it is in the best interest of the children. Hopefully, your situation doesn’t require this drastic move, but if it does, you should call an experienced family law attorney to discuss your case.

Remarriage After Divorce

Should your adult child get remarried after divorce, or your former in-law remarries, you might lose visitation rights as a grandparent. This travesty often happens when the new spouse adopts the children. The family is now considered to be intact again, which means the parent and stepparent have the right to restrict grandparent access to the children if they so choose. Your grandparents’ rights and divorce all hinge on the family being intact or not.

Grandparents and Divorce: Speak to an Attorney Today

If you have questions about your rights as a grandparent when it comes to child custody and visitation, seek advice and legal counsel from an experienced family law attorney. The attorneys at Brian D. Perskin & Associates are knowledgeable and well-versed in the rights of grandparents when it comes to an adult child’s divorce. We can fight to protect your rights and ensure you receive reasonable visitation with your grandchildren. Call us today at 877-826-7257 for a free case review.