For the most part, a child’s custodial parents have total authority to decide who that child is allowed to have visitation with, even when that means denying their own parent(s) the right to have contact with their child. However, there are certain circumstances under which a child’s grandparent may petition a Court for visitation or custodial rights, provided that the Court ruling in their favor would serve the child’s best interests.
Enforcing your rights as a child’s grandparent can be challenging even by the usual standards of family Court litigation. Help is available from a seasoned family attorney. A Syracuse grandparents’ rights lawyer knows through experience how to handle situations like yours in the most proactive and effective way possible.
A child’s biological or adoptive grandparents may have valid legal grounds to petition a Court for visitation rights without the express consent of the child’s custodial parent in two situations. First, when one or both biological parents or guardians have passed away, the child/ren’s grandparents may seek court-ordered visitation with the child or request that legal and physical custody of the child be transferred to them.
Second, a grandparent may petition for visitation rights when a child’s custodial parent denies the child’s grandparents the right to see their grandchild and play a role in their life, and the parent’s actions are causing meaningful harm to the child’s physical, social, and psychological well-being. Guidance from an experienced Syracuse grandparents’ rights attorney could maximize the odds of getting a favorable case result in both situations.
Grandparents seeking to enforce their right to visitation with or custody over their grandchild/ren must first submit a written petition to the Court of the county where the grandchild in question currently lives. This petition must detail the grounds the grandparents wish to build their claim around and their suggested visitation schedule.
The Court will notify all involved parties of the petition before scheduling a hearing. Before and during that hearing, the Court may consider numerous factors to determine whether the wishes of the grandparents who filed the petition serve the child/ren’s best interests better than those of their custodial parents, including:
A grandparents’ rights lawyer in Syracuse could construct a petition emphasizing certain factors and prepare for possible counterarguments from parents or other people contesting the petition.
When your children prevent you from playing a role in your grandchild’s life, it is more than understandable to be upset both for your own sake and that of your grandchild/ren. A Court will always consider the grandchild/ren’s best interests first when deciding to grant you visitation rights, and you will need to have a compelling argument to prove that what you want will also benefit them.
A skilled Syracuse grandparent’s rights lawyer can step in to provide the custom-tailored legal guidance you need. Call today to schedule a consultation.
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