As a grandparent, your love for your grandchildren is strong. But when the loss of your own child limits your ability to see your grandchildren, it may be upsetting. Our Des Moines child custody attorneys share how grandparents can continue their bond with their grandchildren after the passing of a child.
Grandparents’ Rights
Grandparents’ rights are the legal rights that grandparents have to file for visitation of their grandchildren. However, for a grandparent to file for custody or visitation of their grandchild, their own child (the grandchild’s parent) must pass away first, and the grandparent must have an established relationship with the grandchild in question.
What Is Needed For Court
When filing for visitation of a grandchild, the grandparents must present to the court why they should be granted visitation. Grandparents must also prove:
- They have an established and healthy relationship with the grandchildren
- Visitation would be in the child’s best interests
There is a high burden of proof for the grandparents when in court for both factors. They can’t simply prove that they know their grandchildren but instead must prove they have a strong relationship with their grandchildren. This burden of proof may include evidence there was frequent visitation between the grandparents and child before the passing of their parent or if the grandparents financially supported the child in the past.
When in court, the grandparents can file for both visitation and custody; however, if grandparents opt to file for custody, they must prove that the child’s surviving parent is unfit for custody.
Des Moines Grandparents’ Rights Attorney
Grandparents can only file for visitation or custody once every two years, so it is imperative to get it right the first time. A Hope Law Firm grandparents’ rights attorney is skilled and can help you create a well-prepared case for the court.
Are you a grandparent seeking visitation of your grandchild? Call one of our grandparents’ rights attorneys today at (515) 298-5056 or fill out our online contact form to get started on scheduling your free consultation.
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