Answer:

Oftentimes we’ll have cases which involve grandparents. The short answer to any of those questions is grandparents don’t have independent rights to visit their grandchildren and certainly not independent custody rights to their grandchildren. The only time or the only situation where you might have a grandparent assume custody or be granted guardianship over a grandchild is if both parents in some way aren’t able to care for their children, where there’s drug or alcohol issues or there’s incarceration issues, and they’re really looking to the next of kin to care for those children. Grandparents sometimes come into that.

If a grandparent is just becoming involved in a divorce matter with two parents that are involved and loving and caring, they don’t have an independent right to visitation and certainly doesn’t have an independent right to custody of the children. A grandparent’s access or ability to see their grandchildren is going to be when that parent, their son or their daughter, has their children. They don’t have any independent rights.

Are you or a loved one in the divorce process and have questions about determining child custody? Contact an experienced family law attorney at Callagy Law today for a free consultation and case evaluation.

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