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CAN
THEY DO THAT ?
GRANDPARENT'S
RIGHTS
Janet
T. Mills, Esq.
Wright
& Mills, P.A.
MY SON AND HIS
WIFE ARE SPLITTING UP AND SHE SAYS SHE
WON'T LET ME TAKE MY GRANDDAUGHTER FOR
WEEKENDS ANY MORE.
She
can't do that, can she?
Yes,
she can!
Grandparents
have very limited legal rights when it
comes to custody and visitation with
grandchildren.
As a
grandparent, if you have a "sufficient
existing relationship" with a grandchild,
you may petition the divorce court for
rights of visitation or access to the
grandchild. This does not make you a party
to your son's divorce, however.
If
the court finds that there is a sufficient
existing relationship with the grandchild,
or that you have made a sufficient effort
to establish a relationship, then the
court may refer you to mediation or it may
hold a hearing on your petition for
visitation or access and hear any
objections that the parents may have as
well.
If
the divorce court finds that visitation is
in the best interests of the child and
that it would not significantly interfere
with the parent-child relationship or with
the parent's authority over the child, the
the court may award certain visitation
rights to you.
Court-ordered
rights may include regular telephone
contact or weekend visits or time spent
with you over school vacations.
Courts
are very reluctant, however, to grant
grandparents special rights in divorce
proceedings, and the criteria for granting
visitation rights are very strict.
The
court will consider the age of the child,
the need for stability, the preference of
the child and the previous relationship
between the grandparents and child, among
other things.
But
remember, if your son or daughter is
getting divorce, you have very limited
rights to insist on contact with the
grandchildren.
--
It's the law!
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