Grandparents and Parental divorce
There are always many questions concerning custody and visitation rights that grandparents have over their grandchildren.
Most states recognize the importance of the involvement of grandparents in the raising up of grandchildren.
When parents go their separate ways, it always becomes difficult for grandparents to meet and interact with their grandchildren. It often takes an experienced Atlanta divorce lawyer to convince the court to grant the grandparents with child custody rights.
However, there are laws that allow grandparents to visit or stay with their grandchildren. It doesn’t matter if the child’s parents agree to it or not.
Grandparents and the custody of children
Different states have their own rules that dictate how grandparents are able to meet their grandchildren after a divorce.
Generally, most states allow grandparents to visit their grandchildren in whatever place they are staying.
The mother of the child or children is usually the one in custody of the children. With a good Atlanta divorce attorney, the mother can deny any of the grandparents to visit or take custody of the child.
Other than the parents, grandparents are the closest people that state laws grant permission to visit or stay with children after a divorce.
But there’s always a challenge because of the rebuttable presumption that gives the parents the sole responsibility for the custody of a child or children. However, the grandparents can still convince the court to award them custody by providing concrete reasons that the child will be safe in their hands.
Other than the custody, the law also allows grandparents to visit their grandchildren. The court can grant grandparent visitation rights as long as they can prove that the health or welfare of a child will be affected if they are not granted visitation rights.
Besides, the parents of a child can also mutually agree with the grandparents on when or what time they can visit the child. This is a much easier way than going through the court process. This can easily be facilitated by Atlanta family law attorneys.
Grandparents and visitation rights
As mentioned earlier, most states give grandparents the rights to visit their grandchildren after a divorce between the child’s parents. How does that happen?
The first option is for the grandparents to file a case in a family court to seek for visitation rights. Atlanta family lawyers will play a crucial role at this stage. Nonetheless, there are some limitations regarding how many times they can seek visitation rights for their grandchildren.
The other option is for the grandparents to join the existing legal proceedings including the following:
- An action to terminate the custody rights of either of the parents
- An action relating to the custody or visitation rights of the child in a divorce case
- A lawsuit for the adoption of the child by relatives or step-parents
It will generally depend on the case put forward by either party that will determine if the grandparents will be granted visitation rights or not. Having an experienced Atlanta grandparents Rights Attorney is one step towards winning a visitation request case.
While deciding whether to grant visitation rights or not, the court will seek to find the following things:
- That the visitation is to best interest of the child
- The health or general well-being of the child will be negatively affected if the visitation request is not granted
- If the child has stayed with the grandparents for at least six months
- Whether the grandparents have been supporting the child in any way
Importance of a lawyer
Seeking for grandparent rights in Atlanta is not easy without a qualified and experienced lawyer. It is best to seek help from the Fuller Law Group if you want to increase your chances of winning the case.