A unique bond exists between grandparents and their grandchildren. These relationships often provide tremendous benefits and support for children as they grow up. However, circumstances outside the grandparents’ control can make maintaining a connection difficult.
As a grandparent, you have legal options when it comes to seeking visitation rights. This process is never easy, but the guidance of a dedicated family attorney can help. Reach out to learn more about your options from a Buckhead grandparents’ rights lawyer.
Typically, the parents of a minor child have the final say regarding any relationship with a child’s grandparents. There is a presumption under the law that the parents will act in the child’s best interests. That said, it is possible to show the family court otherwise.
It is important to note that while a grandparent can seek visitation, this is only an option if both parents do not live together. There is also a process for pursuing child custody, which is only available when evidence shows that a child is living in an unsafe home environment. A Buckhead attorney can answer questions about grandparents’ rights in these situations.
There is no inherent right for a grandparent to petition for visitation, much less receive it. Instead, certain factors must be present before the option is even available. Key among these factors is that the parents no longer live together. These rights come into play when the parents divorce or when one unexpectedly passes away.
Additionally, the judge must determine that visitation is what is best for the child. Even if the other elements are met, the judge will not award visitation rights unless there are signs the end of this relationship has resulted in emotional trauma, mental distress, or some form of separation anxiety.
Proving that the child has been impacted by the loss of a relationship with their grandparents is only part of the equation. The family court judge must consider several factors, including the fitness of the parties to care for the child, the child’s wishes, and any relevant health issues that might come into play. A dedicated grandparents’ rights attorney in Buckhead can gather relevant evidence to build a strong case.
Not every grandparent will have the opportunity to petition for visitation or custody. They must be able to show they had a close, pre-existing relationship with the minor child. Someone who helped raise a child is much more likely to have a viable case compared to a person who only recently came into their life.
This standard is subjective, so it is necessary to provide the family court with evidence of a close relationship. Evidence may include:
Ultimately, a grandparents’ rights attorney in Buckhead can assist with finding proof of a close relationship. The right attorney could make it clear to a family law judge that the relationship between the parties is strong—and worth fighting for.
When you have questions about your visitation rights, an attorney has the answers you need. Family relationships can be complex, but our team always prioritizes what is best for a minor child.
Now is the time to put your trust in a Buckhead grandparents’ rights lawyer. Call today for a confidential consultation.