As a grandparent, you may not have imagined yourself raising your grandchildren as your own. However, there are some situations when grandparents have to pursue their rights. Whether you're seeking court-ordered preservation of your visitation rights or you are seeking custody of your grandchild, it's important that you understand your position and the legal rights afforded to you. Here are some of the things that you should know about grandparents' rights and protecting your relationship with your grandchildren.
Are Grandparents' Rights The Same Everywhere?
One of the biggest challenges of enforcing any grandparents' rights is the fact that every state has its own laws defining the rights of grandparents in any situation. You need to familiarize yourself with your state's laws about the rights of grandparents or reach out to a family law attorney who can help you determine if you have any legal avenues available to you.
Do You Have Reasonable Grounds For A Petition?
If you want to seek grandparents' rights, you must consider the situation to determine if you have grounds for the case. For example, if you can prove that at least one parent is deceased, the parents are unfit, or the parents are filing for divorce, you may be able to ask the court to award you visitation or even partial custody. If the children were removed from their parent's custody, you can petition the state to take custody of them instead of having them placed in state care.
Are The Parents Disregarding A Court Order?
After you receive a court order for visitation, partial custody, communication, or even full custody, the child's parents must comply with that order. If they refuse to, they are in contempt of court. You have a few different options to address this. In some areas, the police will intervene if there is an established court order. Provide a copy of the order and ask your local law enforcement to assist you.
In other situations, you may have to document their non-compliance and petition the court for a hearing to address the problem. The judge may find them in contempt and either alter the ruling or establish other means to enforce the action.
Once you have established your legal rights as a grandparent, it is important that you protect those rights. Talk with a family law attorney in your area to learn more about this process and find out what your options are.
When someone does a little bit of everything, they are referred to as a generalist. Thus, a general attorney is someone who practices across many, or in some cases, all fields of law. They may represent clients in traffic court, defend criminals accused of certain crimes, oversee divorces, and write wills. If you need an attorney on your side for whatever life might throw at you, a general attorney is who you want to call. Of course, it never hurts to learn more before making a decision, which is why we invite you to read the articles on this website.