Right to see Grandchildren after parents' divorces

    A court may award visitation rights if the child's parent is deceased or declared legally incompetent, a grandparent is the parent of the deceased or incompetent parent to the grandchild, and visitation is in the child's best interest.

    Grandparent Rights: State by State -
As a grandparent, do I have the right to visit my grandchild? 
Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.

How do I get to visit my grandchildren? 
Every family is different and you know your family best when it comes to deciding how to resolve any family problems. It is recommended to first try to work out visits with the child’s parents. Talk to the parents and tell them you miss your grandchild. You may also try to have a neutral person, such as a mediator, help you with this. Each Family Court in New York City has a mediation program. If you can’t agree or think that you can’t talk about the problem with each other, then go to court and file papers for visitation.

What do I have to show the court in order to have visits with my grandchildren?
You must first show that you have what “standing.” Standing gives you the right to ask for visitation with your grandchild. If one of the parents is deceased, then you have standing to ask for visits without having to show anything else. If both parents are living, you must show that you either have a positive existing relationship with your grandchild but are not allowed to see your grandchild or that the parents have not allowed you to have a relationship with your grandchild but that you have tried to have one. Once you show you have a relationship or that you haven’t been allowed to have one, you must then show it is in the “best interests” of the child to visit with you.

What does “best interests” mean?
There is no one way to define this. The court will look at what you’ve done to be part of your grandchild’s life. Did you call, visit, and spend time with your grandchild? Do you know what your grandchild likes? Do you help your grandchild with school or try to help him or her learn? Did your grandchild enjoy time with you? 

Do the parents have to be divorced or no longer together for me to go to court to seek visitation with my grandchildren?
No. A court can order visitation even when parents are together with the children if the parents won’t let the grandparents visit the grandchild

How do I show I have a relationship with my grandchild if the parents won’t let me spend time with my grandchild?
You must show that you’ve made enough of an effort to try to have a relationship with your grandchild. The court may look at several things to find out whether or not you’ve done this. You can do this by sending them birthday cards or gifts. You can write them letters. You can call them and try to let them know that you love them. Do your best to say good things about the parents, even if you are not getting along. Do not make your grandchildren feel like they have to choose between their parents or grandparents. The court wants to see that the child won’t be harmed by visiting with you.

What if the parents are strongly opposed to my seeing my grandchildren?
This is not enough. The court will consider what the parents want and will look at why the parents don’t want you to visit with the child. The court may look at what has happened between you and the parents. Each case is different and you should speak to an attorney if you are unsure about your case.
"For the first time, separating parents will be expected to ensure grandparents continue to have a role in the lives of their children after they split up. Parenting Agreements will be drawn up that explicitly set out contact arrangements for grandparents. These can then be used as evidence in court if a mother or father goes back on the deal."

By Tom Whitehead

Honest attorneys all over America fighting for justice led by Andy Ostrowski. Thank you Andy Ostrowski:"Below is a...
Posted by Mario Alberto Jimenez Jerez on Monday, March 21, 2016
Do Grandparents Have the Rights They Should?The experts report on the state of grandparent rights in the U.S....
Posted by Grandparents4Justice Access & Visitation Worldwide on Wednesday, January 6, 2016
One grandmother comments about her fight with CAS This grandmother describes how she spent $30,000 an
Posted by Grandparents4Justice Access & Visitation Worldwide on Monday, March 21, 2016
Grandmother speaks about family court in Canada One grandmother has her...
Posted by Grandparents4Justice Access & Visitation Worldwide on Monday, March 21, 2016

Take Action Now!

Google+ Followers

Children's Rights Florida

Florida Family Law Reform

Family Law Community

Search This Blog

American Coalition for Fathers and Children

Means we use must be as pure as the ends we seek.

Abuse (7) Abuse of power (1) Abuse of process (5) Admission to practice law (3) Adversarial system (83) Advocacy group (3) African American (1) Alienator (1) Alimony (7) All Pro Dad (1) All rights reserved (1) Allegation (2) Alliance for Justice (2) American Civil Liberties Union (3) American Psychological Association (1) Americans (2) Anecdotal evidence (2) Anti-discrimination law (1) Arrest (1) Bar association (1) Best interests (42) Bill (law) (1) British Psychological Society (1) Broward County (1) Broward County Public Schools (2) Brown University (1) Catholic Church (1) Center for Public Integrity (2) Chief judge (26) Child Abuse (48) Child custody (78) Child development (6) Child neglect (2) Child protection (15) Child Protective Services (19) Child Support (64) Children (3) Children's Rights (83) Christine Lagarde (1) Christmas (3) Circuit court (3) Civil and political rights (14) Civil law (common law) (1) Civil liberties (9) Civil Rights (145) Civil rights movement (1) Class action (1) Communist Party of Cuba (1) Confidentiality (1) Constitutional law (1) Constitutional right (5) Contact (law) (11) Contempt of court (4) Convention on the Rights of Persons with Disabilities (1) Coparenting (28) Copyright (1) Copyright infringement (1) Corruption (1) Court Enabled PAS (92) Court order (2) Cuba (1) Cuban Missile Crisis (1) Cuban Revolution (1) Custodial Parent (1) Declaratory judgment (3) Denial of Reasonable Parent-Child Contact (110) Diagnostic and Statistical Manual of Mental Disorders (2) Divorce (124) Divorce Corp (6) Divorce Court (1) Documentary (25) Domestic Violence (51) Dr. Stephen Baskerville (5) Dred Scott v. Sandford (1) DSM-5 (1) DSM-IV Codes (1) Due Process (45) Due Process Clause (1) Dwyane Wade (1) Easter (1) Equal-time rule (2) Ethics (1) Events (10) Exposé (group) (1) Facebook (19) Fair use (1) False accusation (4) False Accusations (57) Family (1) Family (biology) (2) Family Court (198) Family Law (113) Family Law Reform (119) Family Rights (87) Family therapy (10) Father (12) Father figure (2) Father's Day (1) Father's Rights (12) Fatherhood (106) Fatherlessness Epidemic (4) Fathers 4 Justice (3) Fathers' rights movement (46) Fidel Castro (1) Florida (214) Florida Attorney General (7) Florida Circuit Courts (19) florida lawyers (30) Florida Legislature (6) Florida Senate (11) Foster care (1) Fourteenth Amendment to the United States Constitution (1) Fraud (1) Free Speech (1) Freedom of speech (1) Frivolous litigation (1) Fundamental rights (12) Gainesville (1) Gender equality (1) Government Accountability Project (2) Government interest (2) Grandparent (3) Havana (1) Healthy Children (14) Human Rights (119) Human rights commission (1) I Love My Daughter (56) I Love My Son (8) Injunction (1) Innocence Project (1) Investigative journalism (1) Jason Patric (2) JavaScript (1) Joint custody (8) Joint custody (United States) (16) Judge (5) Judge Judy (7) Judge Manno-Schurr (55) Judicial Accountability (103) Judicial Immunity (7) Judicial misconduct (8) Judicial Reform (3) Judicial Watch (2) Judiciary (3) Jury trial (1) Kids for cash scandal (1) Law (2) Lawsuit (9) Lawyer (8) Legal Abuse (150) Liar Joel Greenberg (16) Linda Gottlieb (1) Litigant in person (1) Little Havana (1) Marriage (6) Matt O'Connor (1) Men's rights movement (1) Mental disorder (1) Mental health (2) Meyer v. Nebraska (1) Miami (44) Miami-Dade County (8) Miami-Dade County Public Schools (1) Miscarriage of justice (42) Mother (4) Motion of no confidence (1) Movie (4) Music (8) Nancy Schaefer (1) National Fatherhood Initiative (1) Natural and legal rights (1) News (89) Nixa Maria Rose (16) Non-governmental organization (1) Noncustodial parent (4) Organizations (60) Palm Beach County (1) Parent (35) Parental Alienation (116) Parental alienation syndrome (15) Parental Rights (36) Parenting (12) Parenting plan (6) Parenting time (7) Parents' rights movement (38) Paternity (law) (1) Personal Story (22) Pierce v. Society of Sisters (1) Pope (1) Posttraumatic stress disorder (27) President of Cuba (1) Pro Se (30) Pro se legal representation in the United States (3) Prosecutor (1) Protest (1) Psychological manipulation (1) Psychologist (1) Public accommodations (1) Public Awareness (108) Raúl Castro (1) Re-Post/Re-Blog (12) Research (1) Restraining order (4) Rick Scott (12) Second-class citizen (1) Self Representation-Pro Se (31) Sexism (1) Sexual abuse (2) Sexual assault (1) Shared Parenting (92) Single parent (6) Skinner v. Oklahoma (1) Social Issues (59) Social Media (1) Spanish (8) Stand Up For Zoraya (47) State school (1) Student (1) Supreme Court of Florida (8) Supreme Court of the United States (5) Tampa (1) Testimony (23) Thanksgiving (2) The Florida Bar (10) The Good Men Project (1) Trauma (4) Troxel v. Granville (2) True Story (21) Turner v. Rogers (1) United States (26) United States Congress (1) United States Constitution (1) United States Department of Justice (4) Videos (51) Violence Against Women Act (1) Whistle-blower (3)