Teaneck Grandparents’ Rights Lawyer
If you are denied access to your grandchild as a grandparent, a family law attorney may be able to help you file an application for grandparent visitation. You have the right to seek this visitation if it benefits your grandchild.
Visitation orders can be tough to negotiate, especially if the child is living with a parent who does not want you to be in the child’s life. Fortunately, a Teaneck grandparents’ rights lawyer could help you take steps to fight for a relationship with your grandchild.
When Can Grandparents Pursue Visitation Orders?
If you are being refused time with your grandchild, you may be able to ask for visitation orders. Conflict may arise when:
- One parent passes away and the other does not allow visits with family members
- A parent is incarcerated
- Parents divorce and visitation availability becomes limited
- Neither parent has custody and the child is living with a third party who does not allow grandparent visitation
Sometimes a grandparent cares for a child if a parent is unavailable. Once the parent can care for the child again, they may refuse to allow visitation with grandparents. A grandparent who was once the full-time caretaker for a child and who has a close relationship with the child may have a stronger case for visitation.
These complicated family situations are sensitive and may be difficult to understand fully. However, a compassionate Teaneck grandparents’ rights attorney could use their legal experience and expertise to help you pursue the time you desire with your grandchildren.
Legal Procedures for Grandparent Visitation
A grandparent who wishes to obtain a court order for visitation will need to apply for the right. In such a situation, the grandparent has the burden of proving that visitation is in the child’s best interests by a preponderance of evidence. In many cases, the grandparent must also show that denying visitation could psychologically harm the child.
Challenges Grandparents Face
While grandparents have some legal rights to see their grandkids, it may be hard for them to win a visitation order. First, a judge must consider whether a grandparent’s visitation request is in good faith.
An application made for the wrong reasons, such as an attempt to simply upset a child’s parent, would typically be denied. Additionally, the court may take into consideration any history of abuse or neglect by the grandparent. Accusations of bad faith or wrongdoing by a grandparent could make it impossible for them to get visitation rights.
Parental Rights Have Priority
Parents have an absolute right to make decisions for their children, and courts have ruled that these rights include deciding when grandparents can visit. To overcome these rulings, grandparents and their attorney may need to prove:
- A close relationship with the child
- That the child’s parent does not have a good reason for denying visitation
- Special circumstances, like if a child previously lived with a grandparent
- Denial of grandparental visitation would emotionally or psychologically harm the child.
Sometime testimony from an expert witness like a psychologist is needed to convince a judge to grant visitation.
A Grandparents’ Rights Attorney May Be a Valuable Advocate
If you are a grandparent seeking visitation, you will need to prepare evidence and arguments for the court carefully. A Teaneck grandparents’ rights lawyer might be able to help you understand applicable laws and serve as your advocate through potentially contentious litigation. Contact an attorney now for a consultation.