Grandparents Rights During and After a Divorce

When a couple goes through a divorce and they have children, there is often a dispute over custody. This is followed by working out visitation for the non-custodial parent. There is one thing that is left out of this situation: the grandparents. They have no rights, but things are beginning to change. Here’s a few things you should know.

It is possible to get custody of your grandchildren

Although this is nothing new, it needs to be stated. There are situations when one or both grandparents can get custody of the child or children. But this is usually when one parent, after a divorce, is not fit to be a parent or neither one of them are. If one is unfit and the other is fit, it may be the case that the fit parent simply doesn’t want to be a parent, but would rather give up custody and have visitation.

Many states allow visitation rights for grandparents

This is far from being universal, but many states allow grandparents to request visitation, and this includes both sides of the family. Naturally, a judge in a family court will have to determine how much visitation, and this will usually be determined by the extent that the grandparents were a part of the child’s extended family. In some cases, it may be possible for grandparents on one side of the family to get more visitation based upon their relationship with the child in the past. It is also possible that grandparents on one side of the family may not get any visitation at all while the other grandparents do.

Parents do not have to agree to visitation

Just as is true with visitation that is awarded to a non-custodial parent, the custodial parent has no say in the matter. At least in the area of the award of custody. Certainly, the non-custodial parent can negotiate with the courts and the grandparents over the best time for visitation, but the visitation itself will be ordered by a judge.

If your son or daughter is going through a divorce and you want to make sure you get to see your grandchildren after the divorce, then you need to contact a grandparents rights st charles mo family attorney.

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