Families can break apart for a variety of reasons, from divorce or death of a parent to alcohol abuse or incarceration. When these situations occur, grandparents may have certain rights and can seek visitation with their grandchildren or even custody. However, grandparents rights vary greatly by state and the desires of the parents must always be weighed against any granting of grandparent visitation or custody.
The following is a list of questions frequently asked by grandparents concerning their rights to visit or care for their grandchildren. It is important to remember that every grandparents’ rights case is unique and it is always best to seek the assistance of an experience grandparents’ rights attorney as soon as possible.
When do requests for grandparent visitation typically arise?
Requests for visitation come up under any circumstance in which a grandparent is not allowed to visit with a grandchild. Frequently, grandparents’ rights cases are brought after a parent dies and the surviving parent prohibits the in-laws from seeing the child. Under these circumstances, the grandparents can ask to the court to require the surviving parent receive visitation with the child.
It should be noted that if the child’s parents’ rights have been terminated by a previous court order, that parent’s parents do not have the right to request visitation. If, however, the surviving spouse of a deceased parent remarries, and the stepparent adopts the child, the grandparents of the deceased parent will still be able to petition for visitation.
How do I begin the process of requesting visitation?
You must first file a petition for grandparent visitation in the county in which the child resides. Your petition will form an important part of the court record and should be prepared with the assistance of an experienced grandparents’ rights attorney.
What will I have to establish in order to receive visitation with my grandchild?
The court will look at two factors in considering an award of visitation. First, the grandparent must establish the existence of a substantial relationship between the grandparent and the grandchild. This can include a history of frequent visits, overnight visits, the grandchild living in your care, contact with the grandchild via the phone or internet, and any other attempts to be in the child’s life, even if such attempts were prevented by the parent.
Secondly, the grandparent must establish that visitation is in the best interest of the grandchild. The court will consider the benefits to the child of being allowed visitation with the grandparent, as well as the parent’s desires and reasons for objecting to visitation. The child’s wishes, where he or she is of an age to make reasoned decisions, can be considered.
Grandparents seeking visitation will have to contend with the court’s presumption that the parent is fit and will always act in the child’s best interests. As such, the grandparent will have the burden of proving the parent is not in fact acting in the child’s best interest by denying visitation.
What are the risks of bringing a grandparents’ visitation case?
In Kansas, the court can award attorney’s fees to the child’s parent unless the court deems such an order unfair. For instance, if the judge finds the parent’s objections to visitation to be reasonable, he or she may require the grandparents cover the parent’s attorneys fees spent in defense of the action. On the other hand, where the court finds the parent’s are acting in an unreasonable manner, he or she may not order the grandparents pay attorney’s fees.
McDowell Chartered: Championing Grandparents’ Rights
Since 1992, the respected Kansas law firm of McDowell Chartered has assisted countless grandparents in obtaining visitation and custody of their grandchildren when the circumstances so warrant such an award. Our Kansas Family Law Attorneys offer individualized attention to each and every client and strive to ensure client satisfaction. Call us today at (316) 269-0746 to schedule a consultation.
