If you are a grandparent, you might know by now how much divorce can affect whether you see your grandchildren, especially if your child is not the custodial parent. Many people become bitter enough to keep their kids from seeing their grandparents, especially if they believe this action would hurt their former spouse. Fortunately, we at Brian D. Perskin & Associates P.C. know enough about grandparents' rights to help.
How Are Your Rights Determined?
Most judges make decisions based on the best interests of the children. If a judge believes that allowing the kids to see their grandparents occasionally, he or she will probably grant visitation. In fact, if you can prove that both parents are unfit for parenting, you may even get custody of the children. This may also occur if the parents are no longer living, provided you show interest in obtaining custody.
Judges use similar criteria when determining grandparental rights as they do when deciding which of the parents should get custody. In general, as long as you can provide a loving, safe home, and no one can prove otherwise, you have a good shot of at least getting visitation rights. This means that a bitter parent who is angry at your son or daughter after divorce cannot necessarily keep you from seeing your grandkids. Be sure to record any threats made by the custodial parent, and let your lawyer know, but do not let threatening remarks discourage you from trying to see your grandchildren.
How Does the Process Work?
Once you contact a lawyer, you should discuss what you hope to gain from the legal process. Do you want full custody of your grandchildren? Do you want regular visitation, or do you just want to see them occasionally, such as around holidays? Once your wishes are known, a plan of action can be developed.
Be aware that the court will consider your history with your grandchildren when making this decision. If you have always had a good relationship with them, and have always shown interest in staying in contact, your chances of custody or visitation are good. If the odds are not on your side, you still have a chance of success, especially when you choose the right legal team.
When you contact us, we can go over all the details of your case, including the advantages and disadvantages of the situation. We will also make sure we understand the desired outcome. This way, we can provide proof to the court that visitation or custody would be in the best interests of the children. If you are interested in finding out more about your legal options when it comes to seeing your grandchildren, we urge you to fill out an online case evaluation form to get started.