When a child`s biological parents live together and are legally married, there is a « rebuttable presumption » that the parents know what is in the best interests of their child. This means that a court does not interfere with the decision of legally married parents to allow or refuse to visit their grandparents, unless a grandparent can prove that the parents are not acting in the best interests of their child. The first question will usually be whether the step-parent or another third party is entitled to claim pension rights. Standing is a complex legal issue that needs to be discussed thoroughly with your lawyer regarding your particular case. The key question will be whether the third party and the child have an established parent-child relationship, and this will be decided on a case-by-case basis, as in Ellison v. Ramos, 130 CNs out of 389, 502 W>E>2d 891 (1998). The procedural aspects of family law cases can be complex. It is important to have a lawyer with a proven ability to achieve positive results for your clients by your side. Joshua Wilson is a competent and compassionate lawyer who will take the time to listen to your side and fight for your rights in court. Contact Joshua Wilson Law Firm online today or call (816) 331-9968 to schedule a consultation. Grandparents who are denied access to their grandchildren can go to court and request that a non-parental visitation agreement be entered into.

However, the grandparent must prove that the agreement would be in the best interests of the child. The court will consider areas such as the existing relationship between the child and the grandparent, the relationship between the grandparent and the parent if there is a history of violence, the last time the grandparent had contact with the grandchild, and the impact the relationship would have on the child and the parent`s relationship. If it turns out that the visit is beneficial for the child, it will be granted. Grandparents will create a visiting schedule that will help maintain the relationship. Yes, in some cases. Both nationally and in Indiana, grandparents are increasingly educating the children of their adult children. Sometimes they are just great and helpful grandparents. In some cases, for example: if a parent returns to school or there is a move away from work, parents must do so to improve their lives, but in other cases, they do so for legally inadmissible reasons, such as addiction issues; These parents simply have their children raised with their grandparents. For all intents and purposes, grandparents assume the role of caregiver and provide all support, housing, care and care to grandchildren. In these cases, children often connect psychologically with their grandparents and have no contact with their parents. This bond becomes like a parent. In these cases, the law allows grandparents to sue for custody by legally appointing them as de facto guardians and obtaining custody of their grandchildren.

The requirements to obtain this right are at the center of this blog post. In Ellison, the biological father and partner « raised » the child. The biological mother was medically in a coma, so the father was the only biological parent available for parenthood. The father and girlfriend separated, and the girlfriend asked for custody. The trial court dismissed the case because the girlfriend did not have standing to bring an action. Ho! The North Carolina Court of Appeals overturned the decision, stating that the trial court should consider the case on a case-by-case basis. The girlfriend`s position was that she took on all the on-call duties for five years. She also stated that she was the one who took care of the special medical needs of the minor child. The Court of Appeal noted that if the girlfriend could prove that she had been the « parent » for five years, the court could obtain the best interest test to determine whether the child could be placed with the girlfriend. The truth is that the law is very convoluted when it comes to grandparents` rights. While you may have the opportunity to get a visit, you will need an experienced family law lawyer by your side to guide you through this process. For grandparents who are kept away from their grandchildren, it may be helpful to speak to a lawyer who is familiar with this issue.

Learning all the options can help a person facing this situation to choose the best course of action. As discussed in a previous article, grandparents in New York are not automatically allowed to visit, but they may be granted a visit if they meet the legal requirements. Grandparents may request a court visit if at least one of the child`s parents has died or if there are certain conditions that allow a court to intervene in court. These conditions require proof that the grandparents had previously had a previous relationship with their grandchild or that the child`s parents prevented them from establishing a previous relationship. In addition, it must be in the best interests of the child to allow a visit. In particular, New York only allows biological or adoptive grandparents to request a visit. In-laws and other extended family members are not eligible, even if they have a close relationship with the children and it would be in their best interest to maintain that relationship. It makes no sense from a social or family point of view. Grandparents have the legal right to intervene in proceedings requesting visits to minor children in divorce proceedings. The court grants a grandparent`s request to intervene in the divorce proceedings exclusively with regard to the issue of access rights. A court grants a grandparent`s request to intervene and change a previous custody decision if the grandparent has been denied access. In a variety of circumstances, grandparents can apply for legal guardianship of their grandchildren through three main strategies: guardianship, custody or adoption.

These three avenues require a legal application. Most often, grandparents try to obtain a custody order, which may require proof that the parents are not suitable. By talking to a New York family law attorney, grandparents can get more information on how best for legal guardianship of a grandchild for them and their families. To prevail in an access application, a New York grandparent must plead their case in court. During the legal proceedings, the grandparent(s) must demonstrate why the visit is in the best interests of their grandchildren. Other non-parents who are allowed to apply to the court for access rights are siblings, and the process is the same.