There is a specific process to filing grandparents’ visitation rights. These are general steps in how to pursue your case, although each state’s process may be slightly different.
Keep in mind that all family law is complicated and you should always consult an attorney versed in the laws of your state.
Make sure filing is the best choice
Prior to commencing any litigation, ensure that a lawsuit against the child’s parents/caregiver is the optimal therapeutic route.
You might attempt a more informal solution by directly negotiating a visitation or custody agreement with the parents or by attending mediation with a mediator or attorney to help reach a solution.
Gather documentation
If that is not possible, compile information that demonstrates your relationship with your grandchild and any attempts you made to collaborate with the parents directly. These could include:
- Photos and videos together
- Receipts for items or activities you paid for
- School or medical records, if you’ve been involved
- Witness statements from teachers, neighbors, or family friends
If you are unsure of what you require or whether you qualify under the state’s provisions, consult a family law attorney. They can assist in figuring out what your state requires.
Start the legal process
When you’ve determined that you are ready to proceed to court, and you have the information needed, you file a petition with the court. Your family law lawyer will assist you in moving forward with this process but typically you will want to:
Find the right court. Generally, you should petition in the county in which your grandchild lives. Complete the petition with all required information.
You will have to complete the appropriate petition forms for each court. They will often ask what your relationship with the child is, if you are currently receiving visitation, why you are seeking visitation or custody, and how it would help the child. Submit the petition. After completing the petition, you will file that with the court. You can accomplish this either in person or, for many, virtually. Also note that most likely you will have to pay a filing fee, which varies by court. Inform the parents.
You must notify the parents that you are filing a visitation or custody petition. Your attorney can advise as to the best way to do this. Be present in any hearings necessitated. You may have to attend preliminary hearings in some courts.
Make your case
From the point in which the petition is filed, it may lead to a court appearance. At this time you will argue your case before the judge along with your Lawyer. This should also show how visitation or custody has been advantageous for the particular child.
In those hearings you have to convince the court that it is not in the best interest of the child to remain in the custody of their parents. It is your and your counsel’s burden to prove.
The judge will base his/her ruling on arguments presented from you and the child’s other parents. If they believe visitation is appropriate or that the child should be allowed to live with you, the judge will decide so. They might prescribe visitation or custody terms based on this evidence.
Special considerations
It is very difficult to obtain custody from a grandparent in any case, but more so if the child’s family is intact. Parents have a legal right to raise their child according to their own beliefs – only in rare circumstances, and only if it also benefices the child, will a court allow grandparents to have custody over the parents.
In intact families, grandparents will have custodial rights only if the parent is unfit or under investigation from child protective services. Also, the child might stay with his or her parents under specific circumstances, such as if a parent seeks addiction rehabilitation.
Regardless of the specific circumstances, it is difficult to gain custody of a grandchild, especially when other relatives or friends are the custodial preference in the child’s best interests.
It can be very stressful to sue your adult child. If you’re serious about seeking custody, you should hire a good family lawyer, as you are likely to have a long struggle in front of you and you will need someone well versed in the law to help you prove there is a unique circumstance that warrants it being in your grandchild’s best interest for you to obtain custody.
Alternatives to litigation
Court is not always or necessarily the best or only way to keep a relationship with grandchildren. They can also be less combative, less expensive, and more conducive to maintaining family relationships. These techniques help parties reach an outcome that is acceptable to all and decent for the children and all interests involved.
Family mediation
This mediation process is a formalized process in which a neutral third party has discussions between the grandparents and the parents. It is often less expensive than litigation and enables families to develop creative solutions that fit their family. There are mediators that deal specifically with family dynamics, can help address the root of the conflict that created it.
Collaborative law
Parties also engage lawyers who are specially trained to engage in a dispute resolution process with a commitment to avoid any litigation. Collaborative law promotes open communication and problem solving but remains legalistic and protective.
Family counseling
Family counseling can get to the root of family conflict. Adult relationship problems sometimes take a toll on children. A good family therapist will “heal the wounds” and establish appropriate boundaries so that grandchildren can have productive relationships with extended families.
Informal agreements
In non-catastrophically damaged relationships, some can negotiate directly, without mediation, with the parents of their grandchildren. Visitation schedules not negotiated through the court system, but are mutually acceptable, should be documented because they create clear records to avoid future disagreement.
Such agreements should outline:
- Visitation dates and times
- Holiday and vacation schedules
- Communication methods and frequency
- Transportation arrangements
- Activities and boundaries
How a family law attorney can help
Dealing with grandparents’ visitation rights can seem like a daunting task. You may seek out a knowledgeable and compassionate family law attorney, one who relates to the struggle grandparent’s experience when considering grandparents’ rights and custody.
A good lawyer will help you analyze your choices, file petitions, defend your position in court if necessary.
Find a qualified family law lawyer who is knowledgeable about grandparents’ visitation rights in your state.
