Good Fences And Not So Good Neighbors: Property Law 101

Five Tips For Grandparents Seeking Visitation Rights

25 February 2020 by Hunter Moore

Divorce can be frightening for a child, but it can also cause anxiety for the grandparents. This can be especially true if your son or daughter is not granted custody of the children. In this case, you may be worried that you will not get to see your grandchildren again. In many states, grandparents can request visitation rights even if their child isn't granted custody. The following tips can improve your chances of receiving these rights.

1) Avoid Legal and Parental Conflict

Once custody is granted, everyone is bound by the court's ruling to uphold the agreement. As long as the custodial agreement doesn't directly prevent grandparent visitation, it may be best to work directly with the custodial parent as opposed to immediately suing for visitation rights. If there is some pushback from the custodial parent or if they refuse contact, you can request a meeting with a legal mediator to help you and the parent draft a visitation agreement without having to involve the court.

2) Uphold the Rules of the Custodial Parent

The rules and requests of the custodial parent outweigh the grandparent's preferences, and you can earn a lot of trust with the parent if you follow their rules perfectly. This applies to small rules, such as no soda for the child, to larger requests, such as no-contact rules with the non-custodial parent or other individuals. By upholding the rules, you are both doing the custodial parent a favor as well as showing that you are trustworthy when you are with the child.

3) Put the Child's Best Interests First

The grandchild's best interest is more important than your preferences or that of the non-custodial parent. If your child is denied contact with their children, then do not try to sneak visits in when the children are in your care. Not only could this endanger the child, but it also can lead to the revocation of your rights.

4) Be Open to Compromise

Sometimes, compromise is the best option. Perhaps due to past events on issues with the other parent, the custodial parent is nervous about leaving the children in your care. Chaperoned visitations, at least in the beginning, can allow you time with your grandchildren while also building up trust between you and the custodial parent.

5) Know Your Local Rights and Laws

If visitation is still denied or severely limited, your only option may be to sue for your rights as grandparents. Visit with a lawyer to learn what those rights are in your state, as well as to develop a legal plan to secure the rights.

Contact a family law firm like Johnson/Turner Legal for more help.

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