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Postnuptial Agreement — grandparent visitation rights

Started by CryptoTrader_2023 · May 6, 2024 · 1,871 views · 3 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CT
CryptoTrader_2023 OP

I'm dealing with a situation and need some guidance.

grandparent visitation rights. I've been dealing with this for about 12 weeks now and the situation isn't improving.

I have already tried to resolve this directly but the other party is not cooperating.

Do I have a strong case? What should my next steps be?

FD
frustrated_driver_MA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

PN
Photographer_NYC

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

CA
ConsumerAdvocate

Been there. Here's what I learned.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

GH
Grandma_Heartbroken

My son passed away last year. His wife (my daughter-in-law) has cut off all contact between me and my two grandchildren (ages 3 and 6). I had a close relationship with them — saw them weekly. She says it's her right as the sole parent. Do I have any legal options?

FJ
FamilyLaw_Jennifer

I'm sorry for your loss. Yes, you likely have legal options, though they vary significantly by state. After Troxel v. Granville (2000), the Supreme Court held that parents have a fundamental right to make decisions about their children — but most states still have grandparent visitation statutes.

Key factors courts consider:

  • Pre-existing relationship: Your weekly visits establish a significant bond. This is your strongest factor.
  • Death of the parent: Many states explicitly grant grandparent visitation rights when the grandchild's parent (your child) has died. This is often the strongest legal basis.
  • Best interest of the child: Courts must find that visitation is in the child's best interest, not just the grandparent's desire.

In most states with a deceased-parent provision, you have standing to petition for visitation. The court will balance the surviving parent's rights against the children's interest in maintaining a relationship with their deceased parent's family.

Consult a family attorney in your state promptly. These cases are time-sensitive — the longer the children are without contact, the harder it is to reestablish the relationship.