Do Grandparents Have Rights in a Divorce?
Yes. Grandparents have rights in a divorce. However, they might need to take legal action to preserve their rights in cases where their grandchildren’s parents are embroiled in an adversarial divorce case. The grandchild-grandparent relationship is an important one that can enrich the lives of both parties. However, there may come a time when a grandparent may be barred from seeing their grandchild altogether or as regularly as they are used to.
For example, in a bitter divorce case, one of the spouses may prevent the other’s parents from contacting or seeing the children. While this is unfortunate, it can happen. If you have yet to speak to our Georgia grandparent's rights lawyer about your situation, here’s what you need to know about grandparents' rights during a divorce.
What The Law Says About Grandparents Rights and Divorce
Georgia law is very specific about when and how a grandparent can seek to intervene in a divorce case. It is immensely crucial to note that the state encourages children to have continuing contact with their grandparents, provided that doing so will be in the children’s best interests. In addition, children have the right to relationships with people who are essential to their care, development, and welfare, including grandparents and other family members.
Ultimately, the guiding criterion is the best interests of the children. If at all possible, you can try talking to your grandchildren’s parents about creating a visitation arrangement that will work for everyone involved. If negotiating with the adversarial parent is not possible, you can take your case to court with help from a Georgia grandparent's rights lawyer to protect your rights to see your grandchildren.
Securing Visitation Rights During a Divorce
To secure visitation rights during a divorce, you can join the existing divorce or child custody case. In general, you must prove the following things to the court:
- The welfare or health of your grandchildren would be negatively affected if you couldn’t spend time with them
- Granting visitation rights is in your grandchildren’s best interests
Furthermore, the court will also take into account the following:
- Whether you have lived with your grandchildren for a time
- Whether you provided your grandchildren financial support for living essentials for a minimum of one year
- Whether there’s an established pattern of child care or visitation
It is, however, challenging to prove these things, and the court will always look out for the best interests of children. Do not take this lightly because your relationship with your grandchildren is at stake.
Get Legal Assistance From Our Experienced Georgia Grandparents Rights Lawyers Now
If you are considering requesting or maintaining your grandparents' rights, do not hesitate to reach out to our Georgia grandparents' rights lawyers right away. Our Georgia grandparent's rights lawyers will help you explore the options available to you and build a compelling case to secure your rights. Fill out our online contact form or call our office at 770-887-1209 to arrange your case review with our Georgia grandparent's rights lawyers.