Lawyer to protect elder's rights
The Need for Grandparents Rights
When a couple decides to separate, the children too have to face the heat. All too often, the separating parents fail to provide their children with the love and care they need. In such cases, the law intervenes to provide custody and visitation rights to the grandparents or any other family member who is in a position to take care of the children. Grandparent rights are often exercised during the period for which the couple contests the case, and therefore, are unable to care for their kids. In all such scenarios, grandparents or any other family member can request the family court to provide the children’s rights.
When Can a Grandparent Apply Petition for Visitation?
Most states in the U.S. require grandparents to intervene and apply for a custody only when the divorce or separation between the parents in underway. Some other states accept applications that are not a part of divorce case. That said, grandparents must have concrete reasons to obtain visitation rights. They, for instance, cannot file a petition just because they claim to not get enough time to spend with their grand kids.
How Courts Determine Grandparents Visitation Rights
Courts in a grandparents rights visitation case consider the child’s best interest and a number of other factors, such as:
- The kid’s relationship with their grandparents.
- The non-parent’s history of neglect, sexual, physical, or emotional abuse.
- How grandparent visitation will affect the child’s relationship and the amount of time they get to spend with their parents.
- The relationship between the child’s parents and the non parents.
- Time lapse between the last visitation and the present day.
- The child’s wishes (if they are determined mature enough to make a decision).
Requirements to Get Child Custody
Grandparents custody rights can come into effect if:
- Both the biological parents are unfit to care for the child.
- One of the parents is deceased and the other has abandoned, neglected, or abused the child.
- Both the parents are deceased.