How can grandparents get visitation rights after a divorce?

Talk to a Local Divorce Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

How can grandparents get visitation rights after a divorce?

Answer:

When a couple is going through a divorce, it can be a trying time for their parents, especially if there are children involved. Visitation rights for grandparents is possible in all 50 states, however each state’s statutes are different. However, there are some universal steps grandparents can take to help secure visitation.

Before a divorce

Here’s some ways grandparents can protect their interests even before trouble begins:

  • Build a good relationship with your child’s spouse and their parents from the beginning.
  • Remember your role as grandparent; don’t become a busy-body or try to interfere with rearing the children.
  • In any arguments, small or large, be fair to both sides.
  • Don’t become the source of the marital trouble.
  • If a divorce looms, offer help when asked, such as baby-sitting.
  • Do not take sides in front of the grandchildren.
  • Talk to your child and their spouse openly that you would like visitation rights.

How to petition for visitation rights

You can petition your local family or probate court for visitation rights. Your daughter or son must be one of the biological parents. Then you will need to file the paperwork to seek grandparental visitation of a minor child. It will be your burden to prove that it would cause undue harm to the child for your relationship to end.

Seek legal advice

Applying for grandparental visitation rights can involve petitioning a court. Having an attorney can help with this, and also help protect your rights.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

LA-WS5:0.9.22.120430.13848