Friday, August 15, 2014

What Grandparents Need to Know About Visitation Rights

When Tammy Wynette sang about divorce it was a shocking topic for a radio top hit song, in an era when divorce was not granted without cause. In today's world, no contest divorce is common and there are a variety of rights, issues, custody arrangements, alimony, and more that are addressed, so much more than when Tammy first sang about it. In today's modern world of divorce, even grandparents may be entitled to visitation rights. Finding a family lawyer or divorce attorney that can also address grandparents' rights may be helpful for cases where this is an important topic for parent and child.

It is not uncommon for cases with joint legal custody or joint custody being awarded for grandparents to be able to see their grandchildren easily and without much restriction. However, in cases where the divorce is more contentious or custody is awarded across the board to one parent, the parents of the non custodial parent may find it difficult if not impossible to visit their grandchildren. This may be traumatic not only to the grandparents but also to the children, especially when they have had strong attachments to their grandparents and are used to regular visits.

Working with a knowledgeable divorce attorney who is well versed in the local county courts and typical finding in such a case should be helpful. Be sure to talk with the divorce attorney about his or her experience with grandparent visitation rights if it is suspected that this topic will be a concern during the divorce. Visitation rights are very emotional and can cause much strife between the parents as they work through the custodial issues in regards to parenting. Add in another layer of the custodial fight with grandparents' rights and all of a sudden the proceedings take on a new layer to work through and establish what is best for the children.

Sometimes the preferred option, or the recommended option, is to work through the visiting of children with a mediation session. These sessions generally happen with both parents and the grandparents who fear losing the right to see the children and the appropriate mediators and legal representation. It may be that the grandparents request the mediation, and this is not out of the ordinary. Be sure to speak with an attorney as to what is the best protocol so as to follow the general procedures and not risk upsetting the system in the event the case goes to court.

Typically, if the mediation is successful and an agreeable visitation schedule is drafted, it will be legally binding. Knowing this, it is important that all parties have their needs met and that the best interest of the children is the top priority on the agenda. This will help to create an agreement that is not only agreeable today, but also for tomorrow and years to come. It may not be as easy to change these agreements once drafted, so make sure all needs are met and the agreement will be easy to maintain.

Learn more about grandparents and visitation rights, in Texas by visiting today.
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