Do Grandparents Have Rights to See Their Grandchildren?
Posted on: July 12, 2019
The bond between a grandparent and their grandchildren is a strong one. Unfortunately, sometimes difficult circumstances surrounding the family can result in grandparents—and even parents—being denied visitation.
Do grandparents have visitation rights?
Yes! Typically, any grandparent who has an existing relationship with a grandchild may file a petition to obtain visitation rights with the said grandchild. Visitation with grandchildren is granted in order to allow the continuation and nurturing of that relationship if it is in the best interest of the child.
In what circumstances do grandparents have rights to visit their grandchildren?
There are several circumstances where a grandparent can request visitation rights with their grandchild. The first is if a parent has died. In that circumstance, the grandparent is requesting that whoever is granted custody and guardianship of the children allow them visitation. Another example is when a stepparent adopts a grandchild. If your child divorces or separates from their co-parent and that person remarries, grandparents can request to have specific visitation. Finally, when married parents are living separately, a judge might also consider a petition for grandparents’ visitation.
Can a grandparent be appointed a guardian?
Yes! If parents are deemed unfit or are unable to obtain physical custody of a child, the court typically looks for a relative to place the child with. Sometimes that’s an aunt or uncle, and sometimes that can be a grandparent. If you have a child who is unfit or unable—along with their co-parent—to care for their child, you may ask the court to appoint you as a legal guardian.
Can a grandparent adopt their grandchild?
Yes! In some circumstances, a grandparent can actually adopt their grandchild. Keep in mind that this will formally terminate the rights or responsibilities of any living parents so it is something that should not be considered lightly. There are many important aspects to consider when you are gauging whether or not to adopt your grandchild, so it is crucial that you have an experience grandparents’ rights attorney helping you through the process.
Trust Kendall Gkikas & Mitchell, LLP as your grandparents’ rights attorney!
If you are looking for a grandparents’ rights attorney that you can count on, look no further than Kendall Gkikas & Mitchell, LLP. Our experienced attorneys have decades of combined experience in family law matters and will fight tirelessly to ensure that your rights—and your grandchildren’s’ rights—are protected. We will protect your interests and the interests of your grandchildren every step of the way, ensuring that a fair agreement is settled upon. No matter how complicated your case may be, you can trust us to fight for you. Contact us today at 909-482-1422 to schedule your consultation and learn more about how we can help you.