If you have grandchildren that you have been told that you cannot see by your child, in most cases you will have a legal right to see your grandchildren. This is only if there is no legal reason you have been banned from seeing them, however. If there is no legal reason, below are two tips on how you can use the legal system to have visits with your grandchildren.
Grandparent Visitation Laws
There are currently laws in place to allow grandparents to visit with their grandchildren. The first thing you should do is hire an attorney that specializes in grandparent rights laws. This attorney will be your advocate in obtaining visitation with your grandchildren.
If your child is fighting you for some reason, the case will likely go to court. Before this happens, your attorney will likely try to work with your child and their lawyer, if they have one, to determine the exact reasons why they are denying you visitation rights. If these reasons have no legal validity, the attorney will then try to resolve the matter out of court.
If your child will still not grant you visitation rights, the attorney can take them to court to allow you to have your rights. Most courts look at grandchildren and grandparents as having a special bond.
Gain Full Custody
If you would like to get full custody of your grandchildren, you would have to show just cause to a court. One reason would be if your child and their spouse become deceased. The child's parents may also be unfit to have custody of their children, such as if they were on drugs or had a job that kept them away most of the time.
It can be more difficult to gain custody of grandchildren as courts will do their best to keep children and their parents together. If you can prove that your child is on drugs or is unfit, however, the court would grant you custody. It is important that you have an attorney by your side during these proceedings as this will increase your chances of gaining custody.
Once you start custody court proceedings, your child may then give up their rights to prevent them from having to go to court. Court can also be very hard on children, especially if they are old enough to understand what is going on.
Talk with an attorney that you hire, and they can give you more information about grandparent's rights and laws.
Hello, I'm Christina Miller. Have you ever been fascinated with why the law works the way it does? Ever since I was in junior high, I had an intense interest in anything related to our legal system, whether it be a crime drama on television, a judge show or a legal case covered on the news. I followed it all. As time progressed, I began learning about how the actual legal system worked and not just the fictionalized version of our legal system. This has lead me to start writing my own blog posts about law that I hope will help others.