Custody 101: What You Need to Know About Grandparents’ Rights

Grandparents bonding with grandchildrenDivorce can be a painful process not only for the couple going their separate ways and their child or children but also for both parties’ parents. Grandparents can likewise feel heartbroken, especially at the thought that they may no longer have the legal right to visit their grandchildren.

There are many resources available that will explain what makes grandparents eligible for visitation rights, as well as when it’s time to go to court. The general rule, however, is that grandparents can visit their grandchild, firstly, if their circumstances fall within what has been determined legal by the state, and secondly, if the custody holder does not object.

In Denver family law, lawyers can assist families in finding a middle ground, as experts at The Burnham Law Firm, P.C. point out. It is important to understand, however, that Colorado has strict laws governing grandparents rights, as Grandparents.com detailed in an article.

The website details the circumstances under which a grandparent can be granted visitation rights as follows:

  • Neither parent was awarded custody of the child and the latter is placed in the care of a third party or in a home outside of either parent
  • The marriage of the parents has been terminated
  • The grandparent is the parent of a deceased mother or father of the child
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By contrast, California is a bit relaxed when it comes to the accessibility of grandparents to their grandchild. According to the California Court’s website, the closeness of grandkids to their grandparents could be a determining factor for visitation rights. However, grandparents cannot be given permission to visit if the grandchild has already been adopted by his or her stepparent and if one of the parents is missing or is also pursuing a visitation petition.

Visitation issues are a difficult matter not only for those directly involved in the divorce but also for their loved ones. Seek the assistance of a family law lawyer to avoid running into any legal problems.

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