When couples get divorced, grandparents are often worried about access to their grandchildren. They may be afraid that they won’t see the children anymore, or that they won’t see them as much as they would like. It’s not that the grandparents are trying to seek full custody of the children, but they would like to have visitation rights.
There are some situations in which a court will grant visitation rights to a grandparent after a divorce. But there are three different things that all have to be true in order for them to make this determination.
1. Filing a motion
The first element to consider is that the grandparent needs to file a motion in court. This is their request for visitation rights. The case can only start after this motion is filed, and visitation cannot be granted without it.
2. The grandparent has an interest
Next, the court has to look at the relationship between the grandparent and the grandchild. If they decide that the grandparent “has an interest” in the child’s welfare, then they can grant visitation rights. For instance, perhaps the grandparent and the grandchild already had a very close relationship and it would be detrimental for the court to end that relationship.
3. The child’s best interests
Finally, just like with parental custody, the court will consider the child’s best interests. They are only going to give grandparents visitation rights if that is in the best interests of the grandchild. If the negatives outweigh the positives, the court can deny the request for visitation rights.
Grandparents who are in this situation certainly need to know all of their options to preserve their relationships with grandchildren and navigate this complex legal process.