Your relationship with your grandchildren is precious, and you ought to be as involved as possible in their lives in order to bond and make memories that will last forever. When your time with them is threatened, it is important to understand your legal rights. A dedicated family lawyer can help.
You could have custody or visitation rights related to your grandchildren of which you are unaware. Securing these rights can be difficult, as courts prefer not to overstep decisions made by the parents. However, a judge could determine that giving you access to or even custody over your grandchildren is in their best interest. Let a Kernersville grandparents’ rights lawyer with Apple Payne Law advise you of your options—call today to get started. Our family lawyers are prepared to provide the help you need.
In some cases, grandparents may have the opportunity to seek custody of their grandchildren. They are often the first option for adoptions where the child has no living parents or guardians.
At times, custody rights can be obtained even without adoption or when the parents are still living. However, securing custody rights in this situation can be complicated without the guidance of a Kernersville grandparents’ rights attorney from Apple Payne Law.
Grandparents can secure custody under specific circumstances. One such circumstance is created by proving that the parents of the child are unfit to care for them. It is imperative to note that both parents must be considered unfit in order to seek custody for this reason. If one parent is thought unfit but not the other, grandparents will not be able to seek custody. There are several ways for a grandparent to establish that a parent is unfit, including:
Alternatively, grandparents could establish that the parents have acted in a way that violates the rights of the children.
There are times when a grandchild’s circumstances change dramatically. This could involve circumstances directly related to them or to their living arrangement.
To modify an existing custody order, a grandparent must show that there has been a material change in circumstance, and if the grandparents don’t already have court ordered custody or visitation, will need to show that both parents are unfit as set forth above. This often involves a change in the living conditions of the grandchild that makes relocation necessary. An Apple Payne attorney can assist with modifying the terms of a custody order in favor of grandparents.
Some grandparents would prefer to have visitation rights with their grandchildren without seeking to take full custody of them. However, as a Kernersville grandparents’ rights attorney could explain, courts are unlikely to go against the wishes of a family that is intact, so long as the parents are fit. This means that, unless the grandparents can establish parental unfitness as set forth above, they are unlikely to receive visitation rights. This does not mean that getting visitation rights as a grandparent is impossible, but grandparents who want to pursue visitation should speak with a lawyer to better understand their options.
It is understandable for a grandparent to want a closer relationship with their grandchild, especially differences or difficulties have arisen between them and the parents. While the courts do not often intervene in these disputes, there are avenues for a grandparent to protect a child from a dangerous or negligent parent. Reach out to a Kernersville grandparent’s rights lawyer at Apple Payne Law today for more information.