Divorces are normal and each time
they occur, kids are not the only ones affected by their parents break-up; the
kids grandparents too are affected in one way or another. One question most
grandparents often ask themselves is whether they will be able to get
visitations from their grandchildren without any hindrance from the divorced
parents. It is very important for kids to maintain relationships with their
grandparents even after a divorce and it is for this reason that legislatures
pass divorce laws that offer grandparents of divorced parents to obtain
visitation orders.
In case in your state there is no definite divorce law that provides
these visitation orders, you can obtain court-ordered visitations. This can
also be done in case the child was illegitimate. Grandparents also have the
right to order a visitation schedule where they get to visit or be visited by
their kids in line with their own terms and conditions. However, a visitation
ordered by a court is done in a situation whereby the court determines the
visit is in the best interest of the kid. To do this the court considers
various factors that include the wishes of the divorced parents.
Moreover where the family is still intact, no court order can be put
forward. So, in a situation where there are family wrangles and still no
divorce has been obtained, the parents are free to deny access of the children
by their grandparents. This is because the government provides everyone a right
from statutory interference in their everyday life.
Grandparents’ rights to visitation after a divorce are viable only in a
case where the parent is not remarried. If your former daughter in law
remarried, her new husband would obtain a court order to adopt the kids. After
the adoption, the visitation order you had obtained from the court will
henceforth cease to be recognized. This way, the grandparent is denied visits
to or from the grandchildren; any visitation from this point will strictly be
voluntary and may be terminated by the parent at his or her will. However, this
law does not apply in a case where the real parent is deceased. Therefore
incase where your son died and your step-daughter remarried, you will still be
able to hold onto your visitation rights even after an adoption file has been
obtained by the new parent.
For kids below 10 years, the court always tries to determine what
solution will be most appropriate when it comes to child protection. The
custody of the child is thus determined by the court; and in most cases,
maternal grandparents get to win most of the times while paternal grandparents
rarely get access to the kids.
In the UK more and more moves are being formulated to recognise the role
played by grandparents in raising the kids. Since grandparents can never obtain
more rights than a parent, it is always advisable to try and negotiate with the
kids parents or custodians to grant you access to your grandchildren. This
could fail to work in cases were there are bitter
feelings and emotions related to the divorce.See in detail open this link..
| Worthing Solicitors |
