Whether by choice or necessity, more grandparents are playing a role in raising their grandchildren. When parents become unfit to care for their children, divorce, or if one or both parents die, it may be necessary for a grandparent to initiate a custody action. If the relationship between the grandparents and the children’s parents has become conflictual, possibly resulting in the parents denying the grandparents any contact with the kids, a request for court-ordered visitation may be appropriate.  This is especially true if there has been a strong grandparent-grandchild relationship.

If you are grandparents seeking custody or visitation, attorney Kseniya Kadochnikova understand the importance of your role in your grandchildren’s lives and will work to protect your legal rights and preserve your relationship with your grandkids.

Grandparent Custody

Because of the presumption that parents have a right to raise their children without interference from others, a grandparent seeking custody of a grandchild also has a high burden of proof. Only under extraordinary circumstances, like substance abuse or dependency, mental illness, physical incapacity, neglect, or abuse, can a court deem a parent to be unfit to care for their children.

If you as a grandparent believe such circumstances exist, you may file a petition for custody with the court. In considering your request, a judge must prioritize the child or children’s best interests. Some of the factors a court must consider are:

• The sincerity of the parents’ and grandparent’s desire to have custody of the child;
• The effect on the child of a change in custody;
• The child’s age when the grandparent took custody;
• The child, grandparent’s, and parent’s physical and mental health;
• The grandparents’ ability to provide a stable living environment for the child;
• The grandparent’s relationship with the parents.

It may seem reasonable that a grandparent receives some sort of preference over other parties in a custody case involving their grandchildren because of the family relationship.

Grandparents requesting custody of or visitation with their grandchildren must file a special document with the court and must state why it would be in the children’s best interest to be in the care of, or spend time with, you as the grandparent.

In any grandparent custody or visitation case, the grandparents have the ‘burden of proof’ to demonstrate their legal right to court-ordered time with their grandchildren. This means that you have the obligation to present sufficient evidence to the Judge hearing your case to satisfy the legal requirements for custody or visitation.  The Judge must consider your grandchildren’s overall best interests when making any decision about them.  One of our firm’s experienced grandparents’ rights lawyers understands how to gather the necessary evidence to meet this burden of proof and represent you in all court proceedings.

The Benefits of a Grandparents’ Rights Attorney

Because of the constitutional presumption that fit parents may decide who has contact with their children, grandparents may face an uphill battle when they seek custody or visitation with their grandchildren.

However, there are certainly circumstances when it is in a grandchild’s best interest to have an ongoing relationship with their grandparents. Often, the best solution to this type of case is to attempt to heal the relationship between you and your grandchildren’s parents so that all parties may stay involved in the children’s lives in a healthy and meaningful way.  

Attorney Kseniya Kadochnikova can connect you with mental health professionals and mediators who are knowledgeable in family relationships and who may be able to assist you in settling the custody or visitation dispute civilly and without the need to go to court.