The Grandparents’ Rights when Couples Divorce

Being in love, being pregnant, looking for security—these are just a few reasons why some couples today get married young then end up still relying on their parents for some financial and childrearing support. When some of these couples realize that the other one is abusive or that they are not a good match for each other, they get divorced young, too. Some are even going through divorces in their 20s.

In marriages where the couple has a child, the grandparents could have been very involved in raising the child in question. When the split is inevitable, can the grandparents also ask for visitation rights? How should they handle this issue in the middle of the couple’s divorce proceedings? Should they act before the legal processes start or wait a while?

The Grandparents’ Rights

The visitation or custody rights of grandparents are not absolute. Usually, these issues are only tackled in court in cases where the relationship between the divorcing couple and their families have become messy. For instance, the mom seeks full custody, and she does not wish for the child to continue a relationship with his/her grandparents on the father’s side.

If the issue cannot be settled out of court, the grandparents can file a motion for visitation in the same case number as the divorce. They can work with divorce lawyers experienced in the matter for guidance on navigating the laws.

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