Grandparent’s Rights
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Grandparents as Legal Guardians
Some grandparents are eager to take full responsibility of their grandchildren, to offer them a happier, healthier home that maybe the biological parents are not able to provide their children at the time. The grandparent’s legal rights differ from one state to the other, so it is important to pay attention to the details. Which is why it is essential for those involved to seek legal advice. At Racine Divorce, we are dedicated to making the process as seamless as possible. Our family lawyers will advise you based on your unique situation.
The health and well-being of children is taken very seriously in court, so if you are able to provide a strong case for this necessary change in legal guardianship, court authorities will most likely work in your favor. They will take certain factors into consideration such as the location and financial stability of the household, as well as the mental and physical health of the responsible adults.
The health and well-being of children is taken very seriously in court, so if you are able to provide a strong case for this necessary change in legal guardianship, court authorities will most likely work in your favor. They will take certain factors into consideration such as the location and financial stability of the household, as well as the mental and physical health of the responsible adults.
Grandparents Have Rights?
During a divorce, grandparents may have an interest in taking care of their grandchildren full-time, or even insist on visiting them more frequently. Many people don’t realize that grandparents in fact have certain visitation rights, or can be granted custodial or guardianship rights over their grandchildren under certain conditions.
Some Things to Consider About Grandparent's Rights
The Best Interest of the Child
The family court puts the interest of the kids before anyone else. You should be able to demonstrate before the court of law that giving certain rights to grandparents will promote the kids’ wellbeing. For instance, the kids may have been staying with their grandparents, and they have created a strong bond that can affect them emotionally and health-wise if it is broken. As the best family lawyers, we will assess the situation and offer you the right advice you can follow to get things right.
Even if the parents were involved in taking care of the kids, they would not be assumed to be the best people to care for the kids or have visitation rights. The grandparents should apply through a court process before they can be given permission. In most cases, the two parents will have conflicting opinions about the right parents to have exclusive rights. The parents to the mother will have an opinion as well as the parents from the father’s side. Through a court process, both parties will develop arguments that will convince the court to grant the rights.
Parents Have the Primary Legal Right to Decide
If the parents are still alive and decide to divorce, they have exclusive rights to decide each grandparents’ rights. In some cases, the parents can deny both grandparents the right to visit their grandchildren after a divorce. The grandparents may have to argue based on several factors, but the court will rule in favor of the two parent’s opinions in most cases. It is essential to work with competent family lawyers to advise on the best way to solve the issues.
Grandparent and Grandchild Bond
If there is an established guardianship relationship between the grandparents and the kids, the grandparents might qualify for certain guardianship rights. For instance, if one or both parents work full time, unable to fulfil basic parental responsibilities, and it is necessary for the child to spend after school hours and weekends with their grandparents, they would qualify for legal guardianship rights. Under such a case, the court may have to consider the bond and grant the grandparents certain legal privileges, like being allowed to establish residency status for the kids. We are here to help you navigate the complex process so that all parties involved can have their interests heard, taken into consideration, and resolved peacefully.
Grandparent Visitation Rights out of State
After grandparents have been granted visitation rights, they can visit their grandkids in any location, regardless of what state they reside in. Different states have different laws that govern child visitation rights. Provided you have been granted a court order in a given state; it will apply across the country. Even when the grandkids’ custodian moves to another state, grandparents can plan visitation times to see their grandchildren.
Grandparent’s Rights After Parent’s Death
Grandparents can argue in court to get adoption rights or guardianship. The grandparents are in the best position to take care of the kids and even help them remember their departed parents. The court will be easily convinced to give the grandparents adoption rights if they can demonstrate they are mentally and physically fit to take care of the kids. The grandparents from the two sides may have conflicting opinions. The court will take into account their opinions then decide on the best way forward as far as taking care of the kids is concerned.
Grandparent’s Rights After Grandchild Adoption
The grandparents can decide to adopt their grandchildren in case their parents die. Under the adoption law, the adopting parents will have exclusive rights. The court will not supervise the process because the adopting parents are given all rights to raise the kids as they deem the best way for the kids to grow up in a healthy, stable, and supportive environment.
Guardianship Arrangement
Some grandparents can decide to apply for a guardianship arrangement. Under the arrangement, the grandparents will not have exclusive rights, but the court will supervise the process to ensure the kids have their best interest. It is a process that requires experienced lawyers to advise you to make an informed decision in the process. In most cases, the grandparents would like to adopt the children if their parents are dead so that they can have full responsibility of bringing them up in an environment that will help them live the best life.
What Could Potentially Impact Your Case?
When grandparents are applying for the rights to visit or care for their grandchildren, several factors must be taken into consideration to look after the health and safety of a child. Whether you have a history with any of these factors or not, it is worth knowing what details the court will thoroughly review before granting any rights or responsibilities over children.
Pre-existing Relationship: Grandparents and grandchildren may have a healthy relationship before any change in the parent’s marital status or legal guardianship. In such a case, the court will consider giving the grandparents visitation rights.
Physical or Sexual Abuse: NEVER is it okay to hurt a child or expose them to risk of a harmful environment. The parent’s history will be taken into account before they can have any rights over the kids. For instance, the court will check whether the grandparents have ever been involved in child abuse. It will be hard to secure any rights if your history shows you have been abusive to children.
Drug and Alcohol Abuse: Grandparents with a history of drug and alcohol abuse will hardly be granted any rights to visit or take care of the grandchildren after a divorce.
Children’s Preferences: In some cases, the children are big enough to make decisions. The court may have to consider the preferences of the kids before they can decide whom to stay with.