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Grandparent Rights to Access | Child Custody Lawyers

Grandparent Rights to Access

Are you curious about grandparents rights to access children? In family law proceedings grandparent rights to access are often ignored throughout the custody and access discussions. Parties typically have their hands full trying to figure out what their share of the children’s time will look like and grandparents can be left out of the equation entirely. However, if you are a concerned grandparent you can still have a voice in your grandchildren’s family law proceedings.

In order to play an active role in your grandchildren’s access and custody discussions, you will have to bring your own court motion to be added to the existing family law file of your child and their former spouse. You are going to need to provide information to the court that shows that you are more than just an extended family member. You will show you spend lots of time with the children on an annual basis. If you are simply concerned that you will not get to see your grandkids around the annual holidays, you should discuss this issue with your son or daughter so that they can keep you in mind when they put forward their proposals for custody and access.

Grandparent Rights to Access

Grandparent Rights to Access

Do you want the court to specifically grant you scheduled access with your grandkids? Then you will need to provide evidence that you have been an active caregiver for them in the past. This can include times where you have cared for the child instead of having them attend daycare. Further, it might include times where the parents had you care for the children while they went on vacation or had work commitments or if there were any periods of time where either parent was incarcerated or in the hospital for long term treatment.

The family courts will really only consider granting you specific access time with your grandkids. This might happen if you can show that you have been an active caregiver. You will show you acted in place of the children’s parents. Further, that you did this more than just the odd time here or there.

The court’s first priority is to ensure that the parents both have as much time with the children as possible. This is true despite the children living in separate households. The addition of a third party claiming access time can be confusing and disorienting for young children. The children are already trying to cope with their parents separating. If you feel that you have a case for access or custody of your grandchildren you should contact a ClearWay Law lawyer as soon as possible in order to get their opinion on the matter.

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