Maggio Law Firm, PC

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Grandparents' rights, visitation and child custody

The relationship between grandparent and grandchild is a special one. The time children spend bonding with their grandparents is something special that all should experience. However, certain family situations can make it difficult for a grandparent to have a relationship with their grandchild, especially if there is something negative between grandparent and the child's parent.

Because of this, many grandparents' wonder if they have grandparents' rights when it comes to their grandchild and child custody? There are two types of legal rights that can grant grandparents' visitation rights to their grandchild. One is called restrictive visitation and the other, permissive visitation. Restrictive visitation is specifically engineered for families in which the grandchild's parents have divorced, or one or both parents are deceased.

Permissive visitation is for all family situations, it can be due to the fact that the parents of the child are living separately, or there is animosity between the grandparent and child's parent. Instead of being decided on facts (like the parents are divorced or the parents are deceased) decisions in permissive visitation are based heavily on the best interests of the child. This area of law has more leeway, so many grandparents' will seek visitation rights of their grandchild based on this area of law.

Sometimes a parent of the grandparents' grandchild will fight grandparents' on visitation rights. This can extend the process and make it more complicated, however it can be well worth it. In the end, grandparents can be awarded child custody visitation of their grandchild. This ensures that a relationship between the two can continue to grow.

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