07 Jul 2023

Family Law
The bond between grandparents and grandchildren is beautiful and unique. In many families, this relationship holds great significance. However, not all grandparents are lucky enough to share unlimited time with their grandchildren, that's why they need grandparents visitation rights. Usually, events such as the death of a parent, estrangement, or divorce can tear families apart, leading to zero contact between children and their grandparents. In most severed relationships, a parent or guardian often blocks access to grandchildren. This is when many grandparents begin to consider seeking grandparents' visitation rights. Many states began to enact laws to protect the rights of grandparents during the late 1970s. Pennsylvania updated its laws regarding grandparent rights with 2018 Act 21, which clarifies when grandparents can seek visitation and when they can demand full child custody. The family law attorneys at Lermitte & Lubin explain more.

Understanding the Importance of Grandparent Visitation Rights

Sudden drastic changes such as divorce or death can be confusing and stressful for many children. They are likely to feel more secure if they have a constant in their lives, such as their grandparents. The presence of involved and loving grandparents can boost the overall well-being and stability of a child. Grandparents serve as mentors, confidants, and role models, offering a sense of continuity. Their presence can enhance a child's self-esteem, resilience, and sense of identity. That's why grandparents' rights are so important. These rights can help kids live in a nurturing environment.

Factors Affecting Grandparents' Visitation Rights

Before you ask when can grandparents seek visitation rights, you must first understand what factors can affect your rights as grandparents. Remember, each case is different when it comes to grandparents' rights. But the court will consider the following factors when making the decision.
  • The pre-existing relationship between the grandparent and grandchild.
  • Grandparent's ability to provide a nurturing and stable environment.
  • Child's preferences (if of an appropriate age).
  • Parents' wishes and concerns.
  • The overall impact of granting or denying visitation on the child's well-being.
  • Reasons for the denial of visitation by the parents (e.g., abuse, neglect, substance abuse).
  • The requirement to demonstrate significant harm to the child's well-being if visitation is denied.
In addition, the court will also consider the specific laws and legal standards of your local jurisdiction. Naturally, you would want to speak with a visitation rights attorney first. They will help you understand your situation better.

Common Scenarios Where Grandparents Seek Visitation Rights

As mentioned before, each case is different. However, here are three of the most common situations in which grandparents can and often do specifically seek visitation rights.

#1. Divorce or Separation

When parents go through a divorce or separation, grandparents may find it difficult or impossible to spend time with their grandchildren. You can seek visitation to maintain your emotional bond with them. Plus, it will provide them with stability during this transitional period.

#2. Estrangement or Conflict

Sometimes, family conflicts or estrangement between parents and grandparents can arise. It can lead to one or both parents blocking access to grandchildren. That's when you may want to seek legal avenues to establish your rights as a grandparent. You must do this if you believe that maintaining a relationship with your grandchildren is in their best interests, despite tensions within the family.

#3. Parental Incapacity or Death

Another unfortunate situation when you want to seek grandparents' rights is incapacity or death. Usually, when both parents are incapacitated or deceased, grandparents may seek visitation without much of a fight. It’s not uncommon for grandparents to take custody of grandchildren if their parents are incapacitated or have passed away. The ongoing contact with your grandchildren will ensure their overall well-being. You may step in as a caretaker or play a significant role in the children's lives. However, navigating these situations requires thorough knowledge of the laws and legal system. So, you should consult a visitation rights attorney as soon as possible.

Legal Process for Seeking Visitation Rights

The process for seeking visitation may change slightly depending on your jurisdiction. However, it typically involves:

#1. Filing a Petition

You will need to file a petition or motion with the appropriate court seeking visitation rights. You will have to provide relevant information about your relationship with your grandchildren. You also need to talk about the child's best interests and reasons for seeking grandparents' rights.

#2. Mediation

Mediation is always the first step in seeking visitation rights. You can engage in mediation with the parents and their legal representative. Remember, it is a cost-effective and less time-consuming alternative to court proceedings.

#3. Court Proceedings

If mediation fails or is not required, you can go with the court proceedings. In the court, you will need to present evidence, including witness testimonies, documents, and expert opinions, to support your case for grandparents' rights. After careful consideration, the court will make its decision. The decision may be temporary or permanent and subject to modification based on changing circumstances. As you can see, the process is complex. You need to have a competent visitation rights attorney with you from day one. Seek legal advice from a family law attorney such as those at Lermitte & Lubin.

Contact the Family Law Attorneys at Lermitte & Lubin For Help

Grandparents often have a beautiful, emotional connection with their grandchildren. And as grandparents, you want that bond to continue even after estrangement or divorce. The good news is you can seek visitation rights with the help of an experienced visitation rights attorney. Hopefully, this post will help you understand the intricacies involved in the process of seeking visitation. Are you seeking visitation rights as grandparents in Pennsylvania? The attorneys at Lermitte & Lubin can help you get the legal help you need.

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