There are two basic rights with respect to grandparents and their grandchild(ren): custody and visitation. Custody is the legal rights and obligations with taking on full-time parenting and rearing of child(ren).

1. BLOG
4 1
AUGUST 2014
01
Grandparent’s Rights in Custody and Visitation
Posted by admin in Divorce Law, Grandparents with Comments Off
There are two basic rights with
respect to grandparents and their
grandchild(ren): custody and
visitation. Custody is the legal
rights and obligations with taking
on full-time parenting and rearing
o f child(ren). In contrast,
visitation is a specific schedule,
set out by the court, for
grandchild(ren) to spend time
with their grandparents.
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2. NOVEMBER 2012
29
Occasionally, parents may deny the grandparents the right to visitation. To receive rights to
visitation, the grandparents must first demonstrate there was a meaningful relationship with
the child(ren). If the court finds it acceptable, then grandparents will then have to demonstrate
that such visitations against the wishes of the spouse(s) are the overall best interests of
child(ren) in question. The Court is often hesitate towards the latter demand since child(ren)
may be overcome with emotional anxiety. Grandparents should present a testimony of
“expert witnesses”, where by a psychiatrist or psychologist will conduct evaluations with
regard to the best interests of the child(ren).
Some examples of Grandparents filling for visitation include:
Child(ren) born out of wedlock – grandparents may be granted visitations rights only after
the actual paternity of the child(ren) has been established.
Grandparents of a deceased parent: when one or both of the parents have died,
grandparents may wish to file for visitation to maintain a continuing relationship with the
child(ren)
Child adopted by a third party – grandparents will lose all rights with respect to children.
Non-custodial parent not exercising right to grandparents of visitation of grandchild(ren)
If you require legal representation for such a matter, kindly contact Gloria James-Civetta &
Co, to get the legal advice you need.
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