Grandparents can be held at mercy of children's parents concerning when they get to see their grandchildren. Although grandparents are increasingly being granted right to visit, a court hearing is often required in order to solidify the rights to visitation. As with general custody issues, the rights of grandparents  are often considered in court, according to best interests of child.

Grandparents have visitation rights with grandchildren. If you are a grandparent who is unable to see your grandchildren, you may be able to have your visitation rights established by the court.

Family Law varies according to state, but in California, for example, if the biological parents of the child are alive but separated or divorced, the court goes through a two step analysis in order to grant grandparent visitation rights:

  1. There must be a pre-existing relationship between the child and grandparent and
  2. It is in the child’s best interest to keep that relationship going;  (this element is a subset of the first element)
  3. The child’s interest in their relationship with a grandparent outweighs the parent’s interest in exercising their parental authority over their child.

If your child or child in law is keeping you from seeing your grandchild, contact a Family Law Attorney in your area today to learn more about establishing your grandparental rights.

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