Birmingham Grandparent Visitation Lawyer
The relationship between grandparents and their grandchildren is one that is very special. When the parents of a child get a divorce, or one parent passes away, grandparents often worry about how often they will see the child, and if they have any legal rights. Fortunately, it is possible for grandparents to spend time with their grandchildren, even when the parents disagree, in some cases. Our Birmingham grandparent visitation lawyer explains more below.
When Does a Grandparent Have a Right to Visitation?
Grandparents can file a petition with the family law courts to pursue visitation rights, as long as it would be in the best interests of the child. Some situations in which a grandparent can pursue visitation rights include:
- One or both of the child’s parents have passed away
- The parents of the child have divorced
- One or both parents have abandoned the child
- The child was born out of wedlock, or
- The child is living with one or both of their parents, who are still married, and are preventing the grandparents from maintaining a relationship with their grandchild.
What Do the Courts Consider in Grandparent Visitation Cases?
There are many factors the courts will consider when determining whether to grant a grandparent visitation rights. When a child lives with one or both parents, the court will presume that the parents know what is in the child’s best interests. If a dispute arises between the parents and grandparents, the family courts will presume that the parents know visitation with the grandparents is not in the child’s best interests. However, grandparents will also have the opportunity to argue their case in court and prove that visitation is in the child’s best interests.
When making decisions on grandparent visitation, the court will start by questioning whether the visitation is in the best interests of the child. To make this determination, a judge will consider many factors, which include:
- The willingness of the grandparent to encourage a close relationship between the child’s parents and the child,
- If the child is mature enough to have an opinion, the preference of the child,
- The mental and physical health of the child,
- Any history of domestic violence against the child or the other parent,
- Whether the parents have abandoned the child or forfeited their custody rights,
- If the grandparents have developed a relationship with the child,
- The wishes of any living parent, and
- Any other factor relevant in a grandparent visitation case.
The court will also consider the nature of the relationship between the grandparent and the child. For example, if a grandparent is already the primary caregiver of the child, they will have a much better chance of obtaining visitation than one who is not.
Our Grandparent Visitation Lawyer in Birmingham Can Provide Sound Legal Advice
If you are a grandparent and wish to obtain visitation rights, you need sound legal advice. At Peeples Law, our Birmingham grandparent visitation lawyer can provide it so you have the best chance of a successful outcome. Call us now at 205-403-5577 or connect with us online to schedule a consultation.
