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Grandparent visitation: Things to keep in mind

As a grandparent, there's nothing more important to you than spending quality time with your grandchildren. But, if your child goes through a divorce, you may find yourself facing a variety of challenges to maintain close ties with the grandkids.

If both your child and their ex are on board with the idea of you spending time with your grandchildren, you shouldn't run into too many issues. As long as you're respectful of everyone's time, you can typically work out a schedule.

Conversely, if your child's ex wants to make things difficult, they'll definitely be able to do so.

Here's the good thing — depending on the circumstances, you may have rights to visitation. Unfortunately, there are times when the circumstances put you in a bind. Here are some things to keep in mind:

  • If the parents of the child never married, you're permitted to request visitation rights with your grandchildren. However, for paternal grandparents, paternal custody must be legally documented before you can seek visitation rights.
  • You're legally allowed to request visitation if the parents of the children are divorced.
  • You're can request visitation if one parent of the children has died.

Even though you're permitted to request visitation with your grandchildren, it doesn't guarantee the court will grant a visitation order. While you have the legal right to make a request, the family law court overseeing the case will take into consideration all factors, including the input of both parents.

For example, if you didn't have much contact with your grandchildren in the past, it may bring forth a variety of complications when requesting visitation.

Also, keep in mind that custody and visitation are two entirely different things. If you have reason to believe your grandchildren are better off in your custody, you shouldn't request visitation rights. Instead, you should take steps to gain custody.

Most grandparents love spending time with their grandchildren. If your child goes through a divorce, it can complicate your situation and make it difficult to visit with your grandchildren on a regular basis.

If you find yourself in this position, learn more about your legal rights and the steps you can take to protect them. You can also visit our website for additional information on grandparent visitation rights and related subject matter.

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  • My husband and I have a 12 year old grandson whose academics and social needs were being neglected. We turned to Schembs Law & Associates to help preserve our grandsons rights. With Schembs & Associates leadership and guidance… Grandparent Rights
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Robert Schembs
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Indianapolis, IN 46204

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