What Rights Do Grandparents Have with Their Grandchild After a Divorce?

Aug 28, 2020

Divorce impacts far more relationships than merely the parting spouses. Quite often, minor children and other close relatives lose the close contact and sense of family they once enjoyed. One such group of individuals include grandparents.

The Levitsky Law Firm, which employs a team of skilled Brighton Beach divorce attorneys, requests New York grandparents facing these circumstances to learn about what, if any, visitation rights they might have.

Grandparents Rights

Grandparents may see their grandchildren following the divorce of their child and child-in-law. However, said parties must first go through the proper channels.

Visitation requests can be made by petitioning a family court for ordered visitation. That said, the adjudicating body will approve such requests only if one of the following three circumstances apply, one or both of the children in question’s parents died, one or both parents has actively attempted to thwart their attempts to establish a meaningful relationship with said youths or they had a substantial relationship with their divorced child’s offspring when the separation occurred.

The Burden Of Proof

Simply making one of these claims is insufficient. Petitioning individuals carry the burden of proof and must satisfactorily demonstrate to a judge that these issues exist.

Success in this endeavor will likely require the services of a Brighton beach divorce attorney. The petitioning party needs to establish legal grounds. For example, individuals in question must provide discernible, concrete evidence illustrating that the children’s parents actively or forcefully prohibited grandparents from enjoying a relationship with their grandchildren or the petitioning subjects held a tangible, serious relationship with said youngsters.

Upon establishing legal grounds, the requesting grandparents must then demonstrate that a granted visitation order will serve the young people’s best interests.

Contacting Us

The relationship between a grandparent and grandchild can be special. Individuals who believe the separation of their children has damaged this bond are encouraged to contact a Brighton Beach divorce lawyer. The experienced legal professionals working at the Levitsky Law Firm might be able to help a client rekindle such connections. For more about us, please stop by www.levitskylawfirm.com