Grandparents Rights in Divorce

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Ending a relationship does not only affect the couple but the children as well. Children feel left out and most of the times they even lose their mental stability when they see their parents quarreling and fighting all the time. Grandparents can deal with the situation and can help children in understanding the problems that their parents are facing. After a divorce, a child is alienated from not only the parents but also the grandparents. The family court intends that the divorce should not affect the normal life of the child. So, provisions have been made to award visitation rights to the grandparent. Sometimes grandparents may also demand complete custody of their grandchild.

Also, it is observed that grandparents have to deal with parental resistance regarding contact with the grandchildren. Such grandparents must request a mediation session with the parents.

Waiver of Grandparents Rights in Divorce after Adoption

Children have to go through a lot of problems when their parents part ways from each other. It is not easy for them to see their parents marrying someone else.

In some cases, the new spouse of a divorced parent may legally the child. After such an adoption, the rights of the grandparents are generally waived. Such a waiver also takes place, if the natural parents legally sign their parental rights. However, such a waiver depends on the statute of the specific state.

Grandparents Rights in Divorce if the child is moved to another state

The rules regarding visitation rights of grandparents vary from one state to another. Consider that a grandparent has been granted visitation in one state. In course of time, the parent moves the child to another state. Now, this grandparent has to begin the process of obtaining visitation rights in the new state all over again. The background is that due to the increased distance between the grandparent and the grandchild, every weekend visit may not be practical and the permission would be taken again from the new court where the child is shifted. Grandparents feel lonely without the company of their grandchildren but the main decision is taken by the custodial parent of the child.

The issue of paternity

In those cases in which children are born out of wedlock, the paternity of a child is questioned in a majority of divorce cases. Due to this or any other reason, consider a case in which paternity is an issue with either divorcing partner. In such circumstances, unless it is proved that the father is the biological parent of the child under consideration; the court may deny visitation rights to the grandparent. It is necessary to prove the paternity in the court in order to take the visitation permission.

All this process affects the child a lot and he starts feeling lost. Most of the children start considering themselves as the reason behind divorce. Parents should make sure that they deal with the children with love and affection rather than fighting and setting a bad example for them.

Awarding custody to a grandparent

A grandparent has been given the right to file for custody of a grandchild, if the parents of this child are divorcing. These are very rare cases, but a judge can consider such a petition. During the lawsuit, the grandparent or the lawyer of the grandparent has to prove the following two points:

  • The parents of the child are unfit to be awarded custody. This happens when the parents are either mentally or physically ill.
  • The child is in a better condition with the grandparents and enjoys their company more than the company of the parents.

When the above two points are proved, there is some possibility that the court may grant full custody rights to the grandparents. In such cases the grandparents become the whole sole parents of the child and take care of them in the best possible way.

The concept of Visitation Rights

If the grandparents desire to be awarded court ordered visitation, they have to file a petition in the court regarding the same. The court contemplates whether it is in the best interests of the child to be awarded grandparent visitation. If the court concludes that there is a potential danger for the child to be under the care of the grandparent, then the visitation rights may be refused. The aim of the court is that, although there is a background of a divorce, the life of the child should remain as normal as possible. No matter whatever the decision is, it is taken in the best interest of the child so that he enjoys a bright future.

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