These are the rights grandparents can ask for during divorce proceedings.
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Ultimately, a child’s parents get to decide who they spend time with, and that includes their grandparents. This can be an uphill battle for those grandparents. Courts typically presume in favor of the parent’s decision to allow or disallow visits. That means the law is already on the side of the parents, but the grandparents can rebut this presumption.
Grandparents typically make this type of motion when one of the children’s parents are deceased during the divorce proceedings or if the parties were never married. A high burden is placed on the grandparents, but they do have a right to go to court to ask for visitation with their grandchildren.
"If the court finds that there is a solid reason
to allow visitation, they will allow it."
The grandparents would have to demonstrate to the court that there was a pre-existing relationship that created a bond between them and that visitation is in the children’s best interests. The court has to balance the child’s interest in maintaining a relationship with the grandparents against the rights of the parents to exercise their parental authority. If the court finds that there is a solid reason to allow visitation, they will allow it. The court can also hear the interests of the children, provided they’re over the age of 14.
If you have any questions about divorce law or the intricacies of divorce proceedings, don’t hesitate to reach out to me at the Graves Law Firm. I’d love to help you.