Many states do not grant visitation rights to grandparents if the child`s parents are married and both do not want their child to have contact with the grandparents. In general, grandparents cannot apply for access as long as the grandchild`s parents are married. But there are exceptions, such as: Whatever the reason they are prevented from seeing their grandchild, some grandparents find themselves in a position where they have to fight with their grandchild to get visiting time. According to N.C. Gen. Stat. ยง 50-13.2 (b1), if the parents of a child separate and one of the parents files an application for custody of the children, a grandparent may ask the court to intervene and become a party to the lawsuit to request visiting privileges with the grandchild. If a judge determines that the intervening grandparent has an “essential relationship” with the child and that the grandparent`s visit is in the best interests of the child, the judge`s custody order may provide for such access privileges with the grandparent as the judge considers appropriate. If the grandparent requests a visitation in these circumstances, he or she must ask the court to intervene before the judge makes a custody order.
Once the judge issues a custody order, the grandparent cannot ask the court to intervene. If you believe that your grandchild would have a better life with you than with his parents, a tough fight may be ahead. First, grandparents must prove that their age, health and financial situation allow them to take care of their grandchildren. A court will then assess both the best interests of the child and the right of parents to control the upbringing of their children. A grandparent must have a very strong record to take custody of a grandchild. Meanwhile, courts in a minority of states do not base grandparents` visitation rights on the best interests of the child. These States attach great importance to the right of parents to raise their children as they see fit. They will allow parents to prevent grandparents from having contact with their grandchildren provided that both parents agree. Grandparents who want access rights in a state with this type of law should consider mediation with parents. Once the interests of both parties are considered, a satisfactory agreement can be reached that gives the grandparents some visiting time. As the Law currently stands, it would have allowed a court to overturn a parent`s decision on the visit of a grandparent or other person who wishes to obtain access rights, even if the parent was perfectly capable of making such a decision.
The law allowed anyone to apply for access rights and allowed a judge to grant access if the judge determined that it was in the best interests of the child, thereby overturning the decision of the able parent. The court ruled that by granting this power to judges, Washington`s law violated parents` fundamental right to raise their children. These visitation laws grant grandparents and non-parents the legal right to visit a child. The following information explains the importance of grandparents` rights in certain situations and the legal process involved in this sensitive family issue. If you want to ask questions about grandparents` access rights, your court`s family law broker or self-help centre may be able to help you, or at least refer you to someone in your area who can help. There are also many other resources with information that can help you understand your rights and decide what is best for you. And you can seek advice from a lawyer. There is currently no formal court form specifically for this purpose, but several courts have developed local forms and templates that you can use to request a visit from your grandchild. Ask your court`s help desk or family rights broker if they have any local samples, templates or forms you can use. You can also hire your own private lawyer to help you with your petition or parts of your case (called “limited-scope representation”).
Click here for help finding a lawyer. Click here for more information on limited scope display. Children often form emotional bonds with their grandparents. It can be difficult to maintain these relationships when the marriage of the children`s parents collapses. Grandparents who are close to a child can apply for a court order granting them access rights. In many States, courts rely only on the best interests of the child in deciding whether or not to grant this request. While the law remains unclear, these permissive laws have overcome most challenges and only require a rational reason for granting access rights to grandparents. However, in some states that use permissive laws, laws have changed to require courts to consider the wishes of parents as well as the best interests of the child. As a result, grandparents can now shoulder a heavier burden of pursuing access rights. There is hope.
If grandparents can prove to family courts that the children`s parents have been negligent and harmful in the treatment of the children, they can obtain temporary custody (to give the parents the opportunity to re-seize themselves) or permanent custody. Even if the above conditions are met, a grandparent will only be granted access rights if the court considers that the visitation is in the best interests of the child and that the visit does not affect the parent-child relationship. If you are a grandparent and you are raising your grandchildren because the parents are absent or unable to care for their children (p.B if they are taking drugs or are in prison), read our section on guardianship. If a non-parent wants custody of a child (and not just access to see the child), this is called guardianship, and there is a separate case before the guardianship court. Grandparents Resource Center (GRC) A Colorado nonprofit that provides services to grandparents struggling with legal issues, some for a fee. .