Do Grandparents Have Child Visitation Rights?

Are you are a grandparent of children who have divorced parents? If so, you may need to know what your grandparent's rights are. There are many different circumstances in which this information may be beneficial for you to know. In instances of divorce, substance abuse, or teen pregnancy, many grandparents are suddenly finding themselves in need of legal advice as to the possible rights they may have to their grandchildren, whether it be in the form of grandparent visitation, or possibly even including custody.

What should you do if this is happening to your grandchildren? What should you do if mom or dad, or both, are using drugs and are incapable of caring properly for their kids, your precious grand children? If you find yourself in this situation, you will need the advice and counsel of a family law attorney.


In cases of drug use, or a parent going to jail, your grandchildren's safety may be an issue. Grandparents stepping in as parents are becoming a more common reality of modern life. Custody of children in a divorce is not an automatic thing granted to a parent. If the court is shown that there is an alternative that would be safer and provide a more stable environment for the child, it is possible for the grandparent to be granted custody.


While custody of children in a divorce is generally granted to parents, as a grandparent you may wish to obtain a child visitation agreement. Although many states have enacted grandparents' rights laws, it is still very difficult to prove that as a grandparent you have the right to a relationship with your grandchildren. While it is getting a little easier for grandparents to have visitation with their grandchildren it is not within the normal course of things. The courts will look at the best interests of the child. In the case of a simple divorce, you need to realize that it won't be easy to get the visitation rights you want.


How do you go about trying to find family lawyers? Check with the State Bar and get referrals from friends and relatives. Do some online research to see if there are Grandparents rights groups in your area, For expert help with your child custody lawsuit, find a family law attorney who truly wants what is best for the children, not just the usual and expected outcome. While it may be a difficult and out of the normal course of action, it may mean you have a relationship with your grandchildren. Who is more important to fight for than them?