The laws pertaining to grandparents' rights in divorce cases vary from state to state, according to FindLaw. Some states permit grandparents certain rights when the parents of their grandchildren divorce. However, some jurisdictions do not maintain such statutes and grant no rights to grandparents in the event of a divorce action. Your state's legislature maintains a complete set of statutes at its Internet website.
Function
The function of grandparents' rights in cases involving the divorce of their grandchildrens' parents is to allow them the ability to enjoy visitation with these minors, according to FindLaw. If the court approves grandparents' visitation, the judge establishes a specific schedule for them to spend time with their grandchildren.
Theory
The theory behind granting grandparents these rights to visitation is to maintain a beneficial relationship for the children, according to DivorceSource.com. The theory presumes that the grandparents and grandchildren enjoyed a healthy preexisting relationship before the parents filed for divorce.
Considerations
Grandparents obtain court approval to exercise their rights, specifically visitation rights, if a judge deems that doing so is in the best interests of the child, according to Cornell University Law School. In considering the best interests of the child, the court considers the preexisting relationship between grandparents and grandchildren, the health of the grandparents, and the residential situation they maintain.
Limitations
Absent a demonstration within divorce proceedings that both parents are unfit to maintain custody of a child, grandparents' rights are limited to seeking visitation. Indeed, if an allegation of parental unfitness arises in divorce proceedings, the judge presiding in the marriage dissolution proceedings cannot resolve that issue and a juvenile court or another specialized family law court resolves the custody issue in such a situation.
Expert Assistance
Grandparents' rights in divorce proceedings involving their grandchildren include seeking legal representation. Due to the complexity of these types of issues, retaining a lawyer is often the wisest course. The American Bar Association provides resources to assist you in finding experienced and qualified legal representation.
