After their parents divorce, children will experience significant changes in their lives. These changes can be emotionally and mentally challenging for the youngest members of the family to navigate, and they may find themselves wanting to return to their former lives. While this is not possible, an important and helpful step is to provide the children with as much continuity of lifestyle as possible. In many cases, this means allowing them to maintain strong relationships with other members of the family.
If you are a grandparent, you may have experienced changes in your relationship with your grandkids after their parents divorced. You may find that you see your grandchildren less often, or a parent may not allow you to see them at all. The grandparent-grandchild relationship is important, and it may be helpful for you to seek an understanding of the possible rights you have as a grandparent to seek visitation or even custody.
The best interests of the kids is the goal
In all decisions related to children, courts will prefer to make decisions based off what they assume is in their best interests. While you have the right to petition the court for visitation or even custody of your grandkids, the court typically only grants this in very specific situations. The court generally gives preference to the biological parents and their relationship with the kids. In grandparent custody or visitation cases, courts take the following into consideration:
- The needs and welfare of the child
- The ability of the parent to protect and provide for the child
- The wishes of the grandchildren and the parents
- Allegations of abuse or neglect of the children
- Previous relationship between parents and children
- Child’s adjustment to school and current environment
- Ability of grandparents to protect and provide for child
- Mental and physical state of the grandparents
- Current distance between the children and their grandparents
A court typically only grants custody to grandparents in cases of abuse, neglect, drug abuse or alcohol dependency of the parents. These are complex cases, and the court considers all factors before a ruling. However, it may be possible for grandparents to secure visitation if there is clear evidence that it would be in the best interests of the children. If you are a grandparent seeking to preserve the relationship you have with your grandkids, you may benefit from legal guidance and an honest assessment of your options.