Visitation For Grandparents

By Veronica Scott

In an ideal world and in an ideal family, the role of the grandparent is preserved. The grandparent sees their grandchild when they want, in a pleasant and fun atmosphere for both parties, and the entire situation is surrounded with love and affection rather than acrimony and tension. Many grandparents play important roles in the lives of their grandchildren; schooling them, helping to raise them and in some cases taking them into their own care.

However, we sadly do not live in an ideal world, and situations can arise in any family in which a grandparent may suddenly find their access and visitation to their grandchild removed. This can happen for a number of reasons; sometimes, if the child's parents divorce, the situation is so filled with acrimony no provision is set in place for grandparent visitation, or maybe the grandparent and their child have had a disagreement with has lead to the grandchild's parent denying access to their child. The reasons are vast and varied, but the solutions are often the same.

If it comes to it, in many states a grandparent can petition the Superior Court of their state with a request to see their grandchild. This, however, should only ever be considered a last and final measure; it is more important to try and resolve the issues that have lead to a restriction of access first.

Ensure that, should the parents of your grandchild be divorcing, you as the grandparent are kept in mind during the proceedings. This can often be an actual written determination in the divorce settlement, allowing for your rights to visit a child. This is particularly important if it is not your own son or daughter that will receive full custody; ensure that your rights and desires to see your grandchild are made clear to your soon-to-be ex son or daughter in law.

If an argument has erupted between you and your child and this has lead to the withdrawal of visitation for you to your grandchild, consider using a professional mediator. This is often recommended by the Court in the first instance, so pre-empt this step by doing it yourself. Try and focus during these sessions on what is best for the grandchild; it is essential you try and sideline whatever differences you have with the child's parents to ensure your right to visitation is upheld. After all, it is not necessary that you see the child with parental supervision. It is only necessary to find a solution and then keep things civil; this is easier to do if you keep in mind what is best for the child, something both parties should desire.

If, however, these steps do not resolve the conflict and you are still being denied the right to see your grandchild, the final and only step left is to petition the court. Whether or not these petitions are upheld depends on which state you live in; it is best to check this with the Court itself or a specialized family attorney. If you can petition the state, seek legal advice from a family law attorney, and follow the process to the letter. Good luck, and remember to only ever use the law as a final last ditch attempt.

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