What Are Grandparents’ Rights?

Most grandparents would do anything for their grandchildren. Losing the chance to see them could be enough to make them look for ways to ensure that they can stay in their lives. This may include looking into legal ways to get the chance to spend time with their grandchildren. In fact, in some states, you are able to sue for visitation rights if it is in the best interest of the child.

When can grandparents sue for visitation rights?

You may be allowed visitation in the following cases:

• Deceased parents
• Separated or divorced parents
• Marriages that were annulled
• When the parents were never married

That being said, you can’t get visitation for any reason. You need to have their best interest in mind when you are legally trying to stay in their lives.

So, what does it mean that it is in the best interest of the child? What do the courts look for in determining this?

What everyone wants. It is important for the courts to find out what the parents, children, and you want before they make the decision.

How much time do you actually spend with the children? If you don’t spend any time with the children now, you might not be able to spend time with them later. However, if you are a big part of the children’s lives, you should continue to be in their life.

Where does everyone live? Location is important when figuring out what is best for the children. If you are close, you may get more time than if you had to fly to see the children.

What is everyone’s schedule? The courts will have to know what everyone does on a regular basis. This includes the parents, children, and even you. Your visitation shouldn’t change your grandchildren’s lives.

How has your grandchild adjusted? The courts will look at how your grandchild is doing at home, in school, and everywhere else. They want to make sure that visitation is best for the children.

How is everyone’s health? The courts will look at the health of you, the parents and your grandchildren to make sure that everyone is healthy enough to spend time together. If your grandchild has health issues, they will make sure that everyone taking care of your grandchild will be able to take care of him or her properly.

When can’t grandparents sue for visitation rights?

You can’t sue for visiting if the family is still intact. You won’t have any rights when there is a stable family unit. If the parents don’t want you in their lives, you can’t do anything about it.

You have no rights when the child is adopted by another family. Grandparents no longer have any visitation rights when their grandchild is placed up for adoption. The only time that this doesn’t count is when a step-parent adopts the child.

If your grandchildren are in custody, you may not be allowed to visit them. If your grandchildren were abused or neglected or have been taken from their parents (and placed in custody), you might not be able to see your grandchildren.

If you aren’t in your grandchildren’s lives, you may want to look into suing for visitation rights. You may be given time with your grandchildren if their parents were never married or are no longer together. However, you have to prove that you are worthy of spending time with them. It helps if you used to spend plenty of time with them. You also need to be healthy and be able to provide a safe environment for visitation.

Previously published on Medium and/or Newsbreak.