Grandparents Rights and Child Custody
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In some cases, the adult children, the parents of the grandchildren, may not be provided access to the children. This is often the case when one parent is deceased and the other parent is refusing to allow those grandparents access. It can also occur if a parent is incarcerated or unable to have access to the children but the grandparents still want to be involved.
In other child custody cases in Naperville, Bolingbrook and surrounding areas, the parents are granted custody and visitation rights through the court. The grandparents have access to the children during times when their adult child has access to the kids. In some cases, both parents may be in agreement with the grandparents spending time with the children, so the exchanges are fluid and offer benefits for all involved.
In other cases, the adult children, the parents of the grandchildren, may not be provided access to the children. This is often the case when one parent is deceased and the other parent is refusing to allow those grandparents access. It can also occur if a parent is incarcerated or unable to have access to the children but the grandparents still want to be involved.
Rights of Grandparents
Grandparents have rights in these situations, and child custody attorneys can help to ensure the grandparents have access to the children through a court order. The grandparents will have to file a case with the court, or they may be able to act in a pending type of legal action.
There are specific times when child custody attorneys can act on behalf of the grandparents. For example, grandparents cannot go to the courts for access to grandchildren if both parents are still together.
Grandparents, like parents, must prove to the court that allowing access is in the best interest of the child or children. This is not the same as having the children placed with the grandparents due to unsafe conditions if the children continued to live with a parent or the parents.
In general, to show that visitation, access or custody of the grandchildren is in the best interests of the child, it is important for child custody attorneys to show the grandparents had prior responsibilities for caring for the child. These responsibilities could be in providing financial support for the child, caring for the child in their home for extended periods of time, having the child access daycare or school from their home, or other types of similar circumstances.
As this can be a complex area of family law, taking to a child custody lawyer in Naperville is the first step for grandparents. As with all other aspects of child custody issues, direct communication and mediation may be an alternative to reduce conflict and to quickly address the issue of caring for the wellbeing of the child.