In some situations, the separation and deterioration of relationships between parents can lead to an estrangement between grandparents and their grandchildren. A Glastonbury grandparents’ rights lawyer could assist these individuals in seeking visitation with their grandchildren.
Grandparent visitation rights do not confer any parental rights or custody. However, this access does allow grandparents to spend a set amount of quality time with their grandchildren. A family attorney could be instrumental in obtaining scheduled visitation between grandparents and their grandchildren.
Connecticut General Statutes § 46b-59 outlines the rights of grandparents to petition the court for visitation with their grandchildren. Entitlement to visitation relies on evidence that a parent-like relationship exists between the grandparent and grandchild. Additionally, grandparents must prove that the denial of visitation would cause significant harm or neglect of the child.
Obtaining a grandparent visitation order can be a difficult task, as grandparents bear a heavy burden of proof under state law. As a result, Glastonbury grandparents’ rights attorneys encourage these individuals to make efforts to communicate with their grandchildren.
When determining whether to give grandparents visitation rights, a court may consider the fitness of the person seeking visitation and the custodial parent. The court also must consider the effect that visitation may have on the relationship between parents and the child and if any domestic violence has occurred. The court also may take into account:
If the court orders visitation, the agreement must contain the terms of the visitation, including the schedule, location, and any other conditions that are in the best interest of the child. In evaluating what is in the best interest of the child, the court considers the wishes of the child if they are of adequate age and mental capacity.
Most grandparents do not have the legal right to file a petition in family court to establish grandparent visitation. However, grandparents can file a petition for visitation in an existing court action brought by one of the parents, such as a divorce case. Grandparents may be able to establish their right to visitations as part of those ongoing court proceedings.
A Glastonbury lawyer who has experience litigating grandparents’ rights cases could determine if a set of grandparents has a viable claim to request visitation. Additionally, an attorney could negotiate with parents to reach a mutually acceptable agreement.
Navigating the complex arena of grandparents’ rights can be frustrating and stressful. Family courts may take a hands-off approach to family dynamics, which can make securing grandparent visitation more challenging.
In situations such as these, a Glastonbury grandparents’ rights lawyer could help you petition for grandparent visitation under appropriate circumstances. To learn how an attorney could help you, schedule a case consultation.