At our law firm, we sometimes speak with grandparents who have been denied access to their grandchildren. This is not an easy situation for any grandparents who will miss their grandchildren dearly. In some cases, however, there could be a legal solution to the problem if the grandparents have the right to pursue visitation orders.
Grandparents are most commonly denied access to their grandchildren after a divorce, when the children have gone to live with the parent who is not related to them. If the grandparents for some reason have not been able to maintain a healthy relationship with this parent, it could create conflict and difficulty in terms of that parent giving access for visitation. These situations are unfortunate, so grandparents facing them are encouraged to do whatever they can to be diplomatic in their efforts to heal the relationship.
If that proves to be impossible, it could be difficult to obtain a court-ordered visitation. However, in some cases, it's not. The grandparents may be able to prove to the court why it is in the best interests of the child -- for their physical and emotional well-being -- to maintain a relationship with them. If the parent has been jailed, found to be incompetent, or has died, the grandparents may also have a higher chance of gaining access.
There are other circumstances in which grandparents can secure visitation rights to their grandchildren. Our firm is available to consult with you if you would like more information about this important legal topic as it relates to your specific situation.