Do Grandparents Have Visitation Rights?
Posted June 30th, 2023.
For the most part, the courts allow parents to make most of the decisions for their children. That can include who they spend time with, and that means that sometimes grandparents are left out and unable to form or keep a bond with their own grandchildren. If this has happened to you, you may wonder if you have any legal options. A compassionate Cherry Hill grandparents’ rights attorney from our law firm can help you.
Can Grandparents Apply for Visitation Rights?
While some of the rights of grandparents have been curtailed in recent years, they still have the right to apply for visitation rights. It can be difficult to meet the court’s high standard for granting visitation though. This is why having a seasoned grandparents’ rights lawyer on your side can be beneficial.
What Can a Judge Consider When Granting Visitation to Grandparents?
The court wants to see that visitation with the grandparents is in the best interest of the child, but even that may not be enough to grant visitation. This is because the grandparents petitioning for visitation actually have to show that the child could actually suffer harm because the relationship between grandparent and grandchild is no longer being maintained. As you can tell, this might be difficult to prove.
In order to figure out if a grandparent should be granted visitation rights, the court can look at a wide range of factors in addition to the case that the petitioning grandparent presents. Before granting visitation a judge can consider:
- The current relationship between the grandparent and grandchild
- How long it had been since the grandparent and grandchild were together
- The marital status and custody agreement of the parents
- Any history of neglect or abuse by the grandparent
- Whether a grandparent was a primary caregiver for a long amount of time
- The testimony of a psychologist who has evaluated the child
- The preference of the grandchild, if they are old enough to express one
If enough of these factors work in your favor, you can potentially secure visitation rights.
How Can a Family Lawyer Help Me?
You are not required to hire a lawyer, but you should understand the stakes here. You are unlikely to get another chance to petition for visitation. A lawyer from our firm can help you establish the most effective case so that you can maintain your relationship with your grandchild.
Contact Our Law Firm Today
If you plan to petition the court for visitation rights, you need to understand how tough it can be to meet the burden of proof. Contact the Law Offices of Mark S. Guralnick and learn more about what our experienced legal team can do to help you build a case and make the best possible argument for visitation. We understand how important a relationship between a grandparent and a grandchild can be, and we are prepared to work for the best possible outcome.