When a divorce case involves children, there are many factors to consider. Custody and visitation rights will be at the top of any parent’s mind, but what about the grandparent? If you’re a grandparent and are wondering what rights involving your grandchildren you will have following a divorce, our team at Simonetti & Associates has the answers for you. Although you’re not directly involved in the divorce, our Nassau family lawyer will let you know what rights you have and work to keep them protected.
Legal Rights To Visitation
When a court is deciding upon custody and visitation rights, they will do so based upon what they believe is in the best interest of the child. Once the court has made its rulings, all agreements must be followed, or there can be legal ramifications. If you want to make a request to the court for legal visitation rights, our Nassau family lawyer will help you do so. In New York, you can make this request when:One or Both Parents Pass Away
You have a strong existing relationship with your grandchild
Parents have interfered with the ability for you to form a meaningful bond with your grandchildren in the past
Burden Of Proof
Grandparents who wish to gain legal visitation rights from the court will carry the burden of proof when trying to prove visitation is in the child’s best interest. Doing so will be difficult to do on your own, which is why you should work with our Nassau family lawyer. We’ll help show the courts why you should be granted visitation rights, which will take the following into account:
Age of your Grandchild
Any existing preferences your grandchild may have
Distance between where you and your child live
Your current attitude towards your grandchild’s parents
Legal Custody
In some cases, grandparents can gain full custody of their grandchild. For this to happen, our Nassau family lawyer will help prove that:
- The biological parents severely neglect the child
- The child has been abandoned
- Gaining full custody is in the best interest of the child
Contact Our Nassau Family Lawyer
At Simonetti & Associates, we can help all parties that are being affected by a divorce. If you’re a grandparent and want your rights to your grandchild protected, you’ll need the best representation in your corner. To elicit our services and learn more about how we can help, contact us today.
