Are you a grandparent with a son or daughter who is currently going through a divorce? If so, you may want to consider consulting with a divorce lawyer about your visitation rights to your grandchildren. No matter the outcome of the custodial provision in your child’s divorce settlement, you may not be guaranteed visitation to your grandchildren. However, a family lawyer can see to it that your relationship with your grandchildren is not severed by an impending divorce. The state of Pennsylvania allows grandparent visitation based upon the following criteria.
The Grandparent’s Relationship with the Child
The court will first consider the grandparent’s existing relationship with his or her grandchildren. In particular, a grandparent who once had custody of his or her grandchildren may be granted visitation rights upon the divorce of the children’s parents. Regardless of whether you had prior custody of your grandchildren, the court will evaluate the present status of a grandparent’s relationship with his or her grandchildren as part of their decision to grant visitation rights.
The Parent’s Relationship with the Child
Another important factor that will be examined to determine if a grandparent should receive visitation rights is whether his or her interaction with the grandchildren may compromise the relationship that either parent has with the children. Therefore, if the court believes that contact between a grandparent and his or her grandchildren may prove detrimental to the parental relationship, the court may refuse visitation.
The Best Interest of the Child
Above all else, the court will factor in the ultimate wellbeing of the children when deciding if a grandparent should receive visitation rights. This includes the physical safety of the children, as well as more abstract components like their mental health and stability. However, should you desire to see your grandchildren after your son or daughter’s divorce, be sure to speak with a family attorney about your legal right to visitation.
Michael Eisenberg Esq. provides legal representation to individuals in the greater Montgomery County region. If you are planning to file for divorce, don’t attempt to navigate the legal system on your own. Instead, let us help you through the sometimes lengthy and confusing divorce process. Call us today at (267) 722-8383 to set up an appointment with a child custody lawyer.