The Rights of a Grandparent

by | Jan 25, 2013 | Lawyers

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Grandparents form close and loving connections with the grandchildren in their lives. These bonds can be as strong as the bonds to their own children. When a divorce tears families apart and child custody in Gilbertsville, PA does not allow for grandparents to see their grandchildren, the result can be devastating.

Grandparent visitation statutes have been written in all 50 states to protect the relationships between grandparents and their grandchildren. Even after a divorce or estrangement, a grandparent can ask the court for the legal right to continue visitation rights. The details of the statutes, however, are unclear as to when and where and how often these visits can occur.

Some states follow a restrictive visitation law. This means a grandparent can see a grandchild only through a court order and only if the parents are divorcing. Even then, child custody in Gilbertsville, PA law allows for divorcing parents to prevent grandparents the right to visit their grandkids if both parties are in agreement.

In a situation where just one parent does not want the children to see their grandparents while the children are in the custody of the other parent, that non-custodial parent must be able to establish that there is harm or the potential for harm by placing the children in such an environment. This harm can be from physical or emotional or even sexual abuse perpetrated by a grandparent against the children. These types of circumstances require the help of a lawyer who understands family law, as the custodial parent will need to be ordered by the court to keep the children away from the violating grandparent.

If you are a grandparent, and your visitation rights are being denied, you should consider discussing the situation with an attorney or searching the internet for state statutes for grandparent and caretaker rights. Another option is to request from the parents of the children the opportunity to go to mediation to see if there is a way in which child custody in Gilbertsville, PA can include your right to see your grandkids. Mediation is less expensive than getting legal representation, and it allows all parties the opportunity to address whatever concerns are preventing you visitation rights. You may even be required first to go to mediation before you can petition the courts.

Child Custody Gilbertsville, PA – Child Custody should include the right of grandparents to visit their grandchildren. This relationship is important for both parties. Contact a lawyers at Boyd & Karver, Attorneys at Law for a complimentary consultation.

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