The ABCs of Avoiding a Custody Battle

Asserting Your Rights: A Grand-Parental Visitation Guide

by Barry Webb

If you fear that contact with your grandchildren is being jeopardized, it should help to know that the court system has become increasingly more aware of the vital role that you play in your grandchild's life. Particularly for children caught in unfortunate family home situations caused by one or both parents, the love, support and security that a grandparent can provide can increase their well-being. If need be, visitation rights for a grandparent may be ordered by the family courts, so read on to learn more.

What situations could prompt the need for a grandparent to seek visitation?

Nearly every grandparent desires that their grandchild live in a healthy, stable two-parent household, and under normal conditions, that living situation is unlikely to be subject to the possibility of a grand-parental visitation order. Only in circumstances where the child is being subjected to certain negative behaviors or home environment are these requests considered. Family courts place a great deal of emphasis on the best interests of the child, so grandparents would need to prove that the child is in some sort of peril for the court to consider ordering visitation. Some of the following situations may prompt the court to hear the grandparent's request:

  • A parent or parents who exhibit a mental illness that could place the child in danger or a severe physical condition that requires a long hospitalization.
  • A parent or parents who have a drug or alcohol addiction.
  • A parent or parents who are incarcerated.
  • An uncooperative and adversarial relationship between the parent and the grandparents after a divorce or the death of one parent.

How does the judge determine visitation privileges?

As stated above, the best interest of the child is at the heart of these determinations, so make sure that your efforts to spend more time with your grandchild places an emphasis on enhancing and improving your grandchild's life instead of your own self-interests. Family court judges often take a look at:

  • The health of the child, both mentally and physically.
  • The child's opinion of the issue, if they are old enough to be interviewed.
  • The current relationship between the child and the grandparent. For example, how much time have the two spent together up to now?
  • The grandparent's health.
  • The grandparent's home. For example, is the home conveniently located? Is the home safe? Are there recreational activities nearby? In other words, how could spending time with you enhance your grandchild? For example, you may be able to provide a unique learning experience and respite from the problems of the home for the child if you live on a farm or near a park.

For more information, contact Koth & Gregory PC Law Firm or a similar organization.

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