Your legal rights as a grandparent will vary depending upon the type of relationship you have with your grandchild as well as your individual situation. Some grandparents see their grandchildren on a regular basis, while others see them infrequently. Some grandparents want to see their grandchildren but are forbidden by the child’s parents, while others find themselves raising grandchildren because the parents of the child are unwilling or unable.
The following is a look at some vital facts concerning grandparent’s rights in Kansas. We focus here on grandparent visitation and what grandparents can do if denied contact with a grandchild.
Getting Visitation with Your Grandchild
If you are a grandparent who wishes to see your grandchild, but the parent or legal guardian will not let you, you will likely have to file a suit for visitation. Denial of visitation of a grandchild occurs most often in situations involving divorce. For instance, mother and father divorce each other, with one parent getting residential custody of the child. This means the child lives with one parent and the other receives reasonable visitation. This is referred to as joint custody. If you are the parent of the child without residential custody, you may find your time with your grandchild limited as your rights to visit the child flow directly from the non-residential custodian’s right to visitation. If your child has limited time with his or her child, your time will likewise be minimal.
Before going to court and perusing legal action, you should try to remedy this situation through cooperation. Attempt to approach the residential parent and see if you can obtain visitation as part of an informal, friendly process. Formal litigation should be a last resort.
Along with divorce, the death of a child often gives rise to grandparent visitation claims. If your own child dies and the remaining parent remarries, you may find your contact with your grandchild severely limited as the remaining parent attempts to move on with his or her life. While this should not be an issue if everyone gets along, in instances where familial conflicts exist, litigation may become necessary.
In Kansas, your right to visitation will depend on the quality of your relationship with your grandchild. To obtain court ordered visitation, you must show that the grandchild had a substantial relationship with you and that visitation rights would be in the child’s best interests. Further, the court must give deference to the parent’s decision regarding how much visitation should be allowed.
Establishing the Existence of a Substantial Relationship
There are several ways to establish the existence of a substantial relationship, including:
- That the child lived with the grandparent for a period of time;
- Provided child care for the grandchild frequently; or
- Visited regularly, including overnight visits.
The court will not accept mere generalities, like “every child needs a grandchild,” as evidence of a substantial relationship; you must instead convince the judge that you have played an integral part of the child’s life. Family traditions can also be an important consideration. All evidence of a substantial relationship should be outlined in your request for visitation.
A Family Law Attorney is Vital to Bringing this Complex Action
Assertion of grandparent’s rights in Kansas is a complicated process, and one that can come with considerable expense. Grandparents may be required to pay the attorney’s fees of the parent or legal guardian of the child, even if they successfully obtain visitation. It is critical to retain the assistance of a knowledgeable grandparent’s rights attorney to assist you in this important matter.
McDowell Chartered: Helping to Preserve the Grandparent-Grandchild Relationship
At McDowell Chartered, our Kansas City Family Law Attorneys provide compassionate, knowledgeable legal services to grandparents seeking to obtain visitation of their grandchildren. We understand how precious the bond between a grandchild and grandparent can be, and will fight on your behalf in court. Call us today at (316) 269-0746 to see how we can help you.