In a divorce it’s not just the couple and the children who are affected, but there are other family members who may be affected as well. Some, such as Grandparents, may have a big stake in the divorce, especially those actively involved in their grandchildren’s lives. Grandparents who live in the same city may regularly see their grandchildren and care for them when their parents work. They might even live in the same house with their grandchildren. Grandparents who live in other states or cities often have designated weeks in the summer or holidays when they regularly spend time with grandchildren.

Different States have Different Rights

Grandparents who have found themselves cutoff from their grandchildren after their own children have divorced, may seek visitation and custody rights through legal channels. Because of this, most states have adopted their own set of rights for grandparents. In California, family law says that grandparents have the right to visit and spend time with their grandchildren. These rights are called “reasonable visitation rights” and fall under California law. Different states may consider other factors, such as whether the children have lived with the grandparents, or if the parents are deceased, or a threat to the child’s health or welfare.

Other Considerations for Grandparents

Pre-existing Relationship

Aside from divorce, for one reason or another, both parents may decide to petition to not allow the grandparents visitation rights. Grandparents can petition the court to establish that they had a pre-existing relationship with the children. The court tries to balance the child’s best interests in visitation with grandparents against the parent’s right to exercise parental authority. However, if the parents are happily married, live together with their children, are both considered “fit” and both oppose giving grandparents visitation rights, the rights may not be granted.

The Visitation Rights Enforcement Act gives grandparents the right to visit their grandchildren anywhere in the U.S. as long as they have been granted visitation rights in one state.

Death of an adult child

The death of an adult child does change existing visitation rights. Some courts prefer to award visitation rights to grandparents under these circumstances. It’s thought to be of benefit to the child’s healthy development as grandparents often share memories of the parent the children lost. However, the surviving parent has sole custody of the child, and it’s up to them to ok the visitation.

Work out the Issues with Mediation

If you are a grandparent experiencing this situation, mediation can help resolve many of these issues in thoughtful and contentious free conversation. It will help you to maintain or develop more healthy relationships with the parents of your grandchildren and resolve problems before they begin. Mediation is one of the best ways to negotiate an agreement on grandparent visitation. Mediation will lead you to the decisions on what is best for the children, yourself and other family members as well.

For years, A Fair Way Mediation has helped grandparents and parents work through the issues and come to a fair and equitable solution. With your input, our experienced mediators will lead you through a thoughtful and open process. We put your needs first as we all work together. Mediation is a valuable tool in our current pandemic situation. All that A Fair Way Mediation offers is available without leaving your home. Stay safe and achieve successful sessions with Zoom, Skype and video chat. Complete our online request for a free online evaluation. Receive a free 30-minute consultation at www.afairway.com or call 760-227-5090/619-702-9174. Offices in Coachella Valley and San Diego, California.