There are many questions pertaining to visitation rights following a divorce, and the Kallemeyn & Kallemeyn Law Firm is prepared to help you get the answers you need. Some questions are more obvious than others. One set of questions that is not quite as obvious at the beginning of a divorce process has to do with the visitation rights of grandparents. Our knowledge and experience with divorce indicates that it affects more than the divorcing couple and their children. When we allow ourselves to think about the impact that divorce has on grandparents, who typically have a deep investment in their grandchildren, that impact becomes much more real.
Understanding Visitation Rights of Grandparents
As you go through your divorce process, your parents’ desire to spend time with their grandkids may become an issue of great importance. If they have a good relationship with your children, the emergence of that issue is probably very likely. If such circumstances describe your family experience with your divorce, please consider contacting us for the help you need.
The courts tend to lean in the direction of allowing grandparent visitation during the times when the spouse on their side of the family has parenting time. Such a conclusion by the courts may be necessary for the sake of expediency, but reality may dictate that such times may not always be optimal for grandparents to spend with their grandchildren. And, of course, divorce is not the only circumstance in which grandparents’ visitation rights may be in question. For example, visitation could become a question if the grandparents’ child has died, meaning that the grandchildren are now in the custody of the surviving parent.
Another circumstance in which grandparent visitation may be an issue is when the grandchildren have lived with the grandparents for twelve months or longer. In such cases, the grandparents have rights, but they may not know those rights well enough to advocate for themselves when visitation questions arise.
Legal Support for Grandparents
There are also times when grandparents can gain visitation with their grandchildren by demonstrating that it would be in the best interests of their grandchildren to spend time with the grandparents. This is true when the parents have been involved in such processes as annulment, parentage questions, or other child custody concerns.
There are statutory processes pertinent to grandparents that can help them obtain their own court-ordered parenting time. But to be certain of what the grandparents’ rights are, it is of vital importance to have a legal advocate with a proven track record and expertise in the field. If you have questions about visitation rights of your grandchildren, call our legal team at Kallemeyn & Kallemeyn (763) 427-5131 for assistance.