Maggio Law Firm, PC

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What rights do you have to visit grandchildren after divorce?

Grandparents play an important role in the lives of children across Mississippi. The relationship they have with their grandchildren is an integral one in many kids' lives, as they provide advice, guidance, love and stability that a child cherishes. When the parents of the children divorce, it can end up impacting their relationship and leave a large hole in the lives of kids already struggling emotionally to come to terms with the end of their parents' marriage.

In Mississippi, grandparents have the right to petition the court for reasonable visitation with their grandchildren, before or after a divorce has taken place. The burden of proof in this instance falls on the grandparents.

The grandparents must show that they had an active relationship, based either on financial or physical support, over the span of six or more months. They also need to show that the parents have unreasonably denied visitation to them and it is in the child's best interests that the proposed visits take place. Courts consider a number of factors when making their decision, including, but not limited to, the child and grandparent's age, the grandparent's job duties, potential disruption of visitation on the child's life and the grandparent's moral fitness.

Providing stability for children through the emotionally turbulent time that divorce brings with it is a noble cause for Mississippi residents to consider when petitioning the court. Grandparents' rights to visit their grandchildren is protected under state law and should be availed in the best interests of children. Family law issues such as these can be discussed in more detail with an experienced attorney.

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