Grandparents often want nothing more than to see spend time with their grandchildren. Due to disputes with the child's parents, this type of arrangement isn't one that is always easy to come up with. While there are some laws on the books in various states that aim to protect the rights of grandparents, these rights are sometimes limited, but there is hope.
Relationship With the Child
One way to exercise your visitation rights as a grandparent is to prove that you and the child had a relationship before whatever rift came about. Courts often won't even consider a grandparent's request if they had not made an effort to establish and maintain a relationship with the child beforehand.
If there is evidence that not maintaining this relationship with you will hurt the child, you might be able to sue and have the court intervene. The court will only take action if there is evidence that the relationship benefits the child; they won't just do it for your sake.
Child's Best Interest
If the child is living in an environment that is not safe or healthy, you have every right to petition the court for custody. The court's most important priority in these cases is the well-being of the child, and if it's in the best interest of the child to be removed from the home and their grandparents are willing to take the child, it's often a simple resolution.
However, understand that you will not be able to make unwarranted allegations. You must be able to prove every claim you make about the parents. You should always be prepared to have your life scrutinized, including your lifestyle habits and finances.
Military Service Obligations
If your child is in the military and the other parent of your grandchild won't let you see the child, there might be a way around this issue. In some states, the service member can temporarily assign their custody or visitation rights to their parents during a deployment.
For instance, if your child typically has the children during the summer months but will be deployed during this period, they can petition the court to grant you temporary custody during this time. While the other parent will have some say, as long as your child initiates the process and you are equipped to care for the child, it should be approved.
If you believe you have a valid case to try and exercise your grandparents' rights, legal assistance is highly advised. Grandparents' rights laws are not black and white, so a clear understanding of the law is especially important.Share