In the best interest of the child legally accepts grandparents visits. Most grandparents find the idea of not being able to see their grandchildren inconceivable.
But in reality, thousands of grandparents have lost their visiting rights.
can grandparents get visitation rights to get the right to see their grandchildren?
Some have negotiated successfully, both inside and outside the courts.
But others have had to learn to live by losing contact.
Grandparents whose access to their grandchildren has been restricted should consider all possible avenues before deciding on a lawsuit.
Apart from family members trying to reach an agreement on their own.
Mediation is another place that can often avoid splits in a lawsuit.
In making decisions regarding care, the Court considered the best interests of the child to be the most important consideration.
If there is evidence of substance abuse, neglect, abuse, or other serious problems, the court may consider orders in favor of the grandparents.
Law Regarding Grandparents’ Rights
If no other solution is found, grandparents need to be aware of their chances of success before starting a lawsuit.
Such documentation is a good step for grandparents to consider in order to protect their rights.
In the best interest of the child legally accepts grandparents visits
However, there are other factors that the court will consider.
What is the family situation of the children who are fighting?
If the family is intact – unaffected by death or divorce – the grandparents have a weaker claim or may have no claim at all.
Grandparents of children born out of wedlock may also have more difficult times.
As the paternity line must be established before the lawsuit can proceed.
Adoption can also terminate grandparent rights just like parental rights end unless the adopting party is a stepparent or other grandparent.
In which case the grandparent’s rights may remain in effect after adoption.
Grandparents denied all visits, or is their access to grandchildren limited?
If all visits are denied, grandparents have a better case.
Indeed, in a state with strict laws, grandparents cannot file a lawsuit if they are allowed to see their grandchild, even though visits are rare.
Do grandparents serve as foster parents or serve as parents?
Where grandparents have provided child care, brought the children for doctor visits.
Or other roles normally filled by parents, grandparents’ rights are generally strengthened.
Grandparents are most often placed in parental roles by parents who are imprisoned.
Have substance abuse problems, or are otherwise unstable.
Should realize that parents in such families are more likely than more stable families to change their minds about parenting.
Grandparents’ rights are of greatest concern when grandparents have served as parents, even in a temporary capacity.
Because the loss of a relationship usually causes more stress on both sides.
Raising their grandchildren should consider seeking some form of legal custody.
If not, they face the possibility of returning the children to their parents or parents.
Who can then decide to cut off the grandparents’ relationship with their grandchildren?
Even grandparents who have legal custody of their grandchildren are vulnerable to lawsuits by parents who wish to reclaim their children.
But legal arrangements prefer to allow grandparents to retain some type of access to their grandchildren.