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If you suddenly find yourself cut off from your grandchild you may want to contact a family law attorney to help you assert your rights as a grandparent and try to re-establish reasonable visitation with your grandchild. Your loss of visitation is undoubtedly a very stressful and emotionally charged experience, and the process of getting the court involved is complex. A delay or wrong procedural move could negatively affect the outcome of your case so retaining an experienced attorney to guide you through this process should be your top priority.
Although the laws regarding grandparent visitation vary from state to state, there are a few general principles that are common to most states. For example, most states have statutes that detail the conditions that must be met before the court will even start a proceeding to determine grandparent visitation. A grandparent seeking visitation will want to first determine if these conditions are fulfilled. An experienced grandparent visitation attorney will:
In 2000 case, US Supreme Court made a ruling in Troxel v Granvillle that changed how the court determined if grandparents should be awarded visitation. They held that so long as the parents or parent were doing a reasonable job of taking care of the child’s need they were not obligated to allow the child to have visitation with the grandparents. The court will still make decisions based on the best interest of the child but will presume that the parents are fit unless there is evidence to the contrary. The overall result of this new legislation is that grandparents have little or no right to visitation with their children. Whatever your situation you will be much better served if you are represented by an experienced attorney.