Are you a grandparent who wants to establish rights to see their grandchildren? The saying goes that it takes a village to raise a child. Many grandparents wish to remain a part of that village, and they want to have legal rights to do so. Our Rochester divorce lawyer discusses the grandparent visitation rights.
Please keep reading to learn about your rights as a grandparent, and then give us a call to set up a consultation with divorce attorney Michelle Cimino if you want dedicated representation.
Granting Grandparent Visitation Rights
The beginning of the process to receive rights to have visitation with your grandchild starts with the burden of proof. They call for “clear and convincing evidence” that shows that if you have rights to visitation, it would be in the best interests of your grandchild.
This might seem like taxing work but rest assured that our attorney can help you build your case. You do not have to do this alone.
The Burden of Proof for Grandparent Visitation Rights
You will need to have the burden of proof in order to file your request. Ideally, this request is filed prior to the death of the child’s parents. However, it can be filed if one or more parents die.
If the parents are alive, in order to be granted visitation rights, they have to show that they already have a relationship with the grandchild. If they cannot show that, they need to prove that one or more of the child’s parents have actively gotten in the way of the child and grandparent from having a relationship.
Establishing Legal Grounds for Grandparent Visitation Rights
Once we have established that you have legal grounds to have visitation, we can proceed.
You need to be able to show the court that the child would benefit from having visitation with you. We are always eager to support a grandparent working to have and keep a grandchild in their life. Having more people who love a child surround them, particularly grandparents, can help with the emotional regulation and behavior of the child.
The court needs to be able to see that this child would be able to benefit from you being in their life with tangible evidence. If the child wants to see you, they enjoy being around you, and you are good for them, then this would all be a good reason to have you in their life.
It is up to the court to decide that the case we present them shows that this would be good for your grandchild. They will decide what type of visitation you are to be granted.
You never have to handle any of this alone. We will guide you through your case every step of the way.
Call Our Rochester Divorce Lawyer Today
When you are ready to try to establish your grandparent visitation rights, please reach out to Rochester divorce attorney Michelle Cimino as soon as possible.
We have represented many cases successfully for grandparents. Call and set up a consultation with us right away.