What Rights Would Grandparents Have in a Divorce?

Going through a divorce is a tough time for the whole family, especially the grandparents of the children involved. It is a confusing time for everyone. There’s not much you as a grandparent can do to help the situation, but you try your best. Grandparents may be worried about keeping their relationship with their grandchildren and how the divorce will affect how things were. During a divorce, questions may arise about child custody rights for grandparents. The truth is that grandparents don’t have many rights regarding custody or visitation.

Options for Grandparents

While grandparents don’t have many rights, they still have few options. Grandparents can ask the court to consider a court order for visitation. If put into effect, this will ensure that the grandparents can still regularly see and keep a relationship with the children. Grandparents can propose the desired visitation schedule or ask the opinion of the children if they are over the age of 14. Grandparents may get the opportunity to speak on their relationship with the children and prove how they have assisted in raising them. 

Regarding custody arrangements, grandparents can also ask the court to grant them custody. This would happen if both parents involved in the divorce are unfit or cannot take care of the children for other reasons. Grandparents may want to step up and help care for the children in these circumstances. In any case, a custody case must be currently open. 

Tips for Grandparents 

There are some things to consider as a grandparent during a divorce. To maintain a relationship with your grandchildren, try to be as fair as possible. Try to keep the peace with the other parent and never talk badly about them around the children. This will help to ensure that you can see the children as often as possible and not complicate the process any further. Offer to help with babysitting or propose a family outing to try and keep things as normal for the children as you can. Try not to be too overbearing while also letting it be known that you are there for assistance. It’s important to keep an open mind during these times when it comes to the new arrangements being made. Remember, it’s all about the best interest of the children.

If you have any more concerns or questions about the divorce process or your rights as a grandparent, there are available resources. Communicating with a family law attorney who specializes in these situations is recommended. They will be able to answer your questions honestly and assist you in the process of trying to gain visitation or custody. While grandparents don’t have a lot of rights in this situation, they’ll be able to lay out all of your options for you. 

Now that you know the basics of what rights grandparents have during a divorce, hopefully, it will make this situation a bit easier for you. Good luck with your process, and remember to cherish those sweet grandbabies.

Categorized in: Family Law