Children usually develop a close relationship with their grandparents especially if they get to see each other regularly and do things together constantly. This is such a happy thing until their parents have to go through the process of divorce. When this happens, the relationship between the kids and the grandmother or grandfather will surely be affected. There will be several legal issues that they may have to face especially the issue as to the grandparent’s visitation and custodial rights.
The primary question that needs to be answered in this situation is whether or not the grandparents have a standing to seek visitation rights over the persons of their grandchildren. Based on the fundamental laws of the state, it is proper to answer in the affirmative. The grandmother or grandfather has a right to demand that he or she be given a right to visit the grandchildren during the pendency and even after the finality of the divorce proceedings. Nonetheless, the law also recognizes the right of every parent to determine the limitations of this right. As provided for under the statutes, the parents enjoy priority in custody and visitation rights concerning their biological or adoptive children.
Taking into consideration the matters discussed above, the rule is that a grandparent has a locus standi to demand the visitation rights only when there is an issue between the parents of their grandchildren. In cases where the family is intact and all members are living together in the same abode, a grand parent cannot demand to be granted the right to visit the children. This is in accordance with the “parental right” doctrine which is protected by the Constitution and state laws of our land.
The issue on visitation rights may be brought before the court of justice with proper jurisdiction. In the said proceeding, the judge will determine if the right to visit the grandchildren may be made available to the petitioning party. In deciding the case, the judge will apply the “best interest of the child” rule. This means that he or she will look at all the factual circumstances of the case and come up with an order which will promote the best interest of the child depending on his or her appreciation of the facts. The parties must be given due process by allowing them to present their respective evidence to support their claims. All these matters are better explained by a lawyer so make sure that you get in touch with Milwaukee lawyers whenever this type of issue is present in your case.