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In many contested divorce cases involving child custody and visitation disputes, divorcing couples refuse to allow the grandparents of their ex-spouse to visit with their child. However, grandparents may pursue child visitation rights through family court.
Grandparents can file a motion of complaint with a court to request visitation with their grandchildren. The parents will be served with the complaint and a number of options are available to the parents and grandparents.
In many states, ex-spouses and grandparents may handle their visitation issues through custody mediation, in which a court-appointed mediator helps the parties agree on a fair visitation schedule. If an agreement cannot be made, the grandparent visitation dispute will be brought before a judge who will determine visitation rights based on a number of factors including the best interest of the child.
In most cases, the court will recognize that grandparents provide a stable role in their grandchildren’s lives, especially after a divorce. Furthermore, grandparents may argue that denying visitation would be traumatic to the child who had a relationship with their grandparent prior to the divorce.
However, if the custodial parent can prove that excluding the grandparent from the child’s life is for good cause, such as abuse or interference with decision-making, or if the relationship between the child and grandparent destabilizes the child’s environment, the court may choose to deny grandparent visitation rights.
In any case, the court will ultimately choose what’s in the child’s best interest when determining grandparent visitation rights in custody disputes.
Please contact us to speak with a qualified and experienced divorce attorney who can inform you of your legal options in your state and protect your rights.
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