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Batavia Grandparents' Rights Attorney

Exercise Your Rights as a Grandparent

Divorce in a family does not just affect the two parties directly involved. It impacts everyone; the children, friends, grandparents, and many other parties. When children are involved, matters of child custody and child support must be discussed and negotiated. What sort of visitation rights are allowed and by whom must also be examined. Grandparents should be given adequate consideration when these issues are brought to the surface, but unfortunately, grandparents are often ignored no matter how involved they were in the children's lives prior to the separation. Their rights are often not given much precedence when making legal decisions.

There is often a close tie between the grandchildren and grandparents that often gets severed because of a difficult familial situation and messy divorce. Grandparents are entitled to seek the professional assistance of a divorce attorney if they feel that their voice is not being heard. I will make sure that your voice is heard loud and clear. Grandparents can file for visitation rights or even custody of their grandchildren in some circumstances.

Don't Risk Losing a Relationship with Your Grandchildren

In 2000, the U.S. Supreme Court passed a law stating that grandparent's rights in the case of a divorce were unconstitutional in Troxel v. Granville. In 2005 and 2007, legislation was passed that grandparents were again able to have visitation rights in a very limited number of circumstances. These include an absent parent, a deceased parent, or one parental party joining in the grandparent's special petition. The grandparent must provide adequate proof that the parent's decision against the grandparent's visitation is detrimental to the well-being of the child/children. If they are not able to do so, their involvement in the child's life is seen as an interference with the parent's child-rearing abilities.

As is obvious from the ruling of the U.S. Supreme Court, grandparents are not given much regard. In the case of a divorce, however, the child's best interest is to be put first above all other factors, and this often involves the interception of the child's/children's grandparents. It is also sometimes appropriate that a grandparent or grandparents receive complete custody of the children, such as protecting him from a harmful circumstance. It is a definite possibility that a situation such as this would be an appropriate defense for the rights of the grandparent(s).

Defense of Your Case

If this is the battle you seek to fight, you need the proper armor and weapons. I am a Batavia divorce lawyer who will provide a strong defense of your case. Everyone deserves to have their rights adhered to, and it is my goal to bring about successful results to your case. I believe in accessibility and I believe in results. I will listen to your case and then fight hard to make sure the child/children's best interests are truly made a first priority. Take advantage of the free online case evaluation today!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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