Family Law

Parental visitation is often a tough element to negotiate in a divorce. Sometimes, both parents feel they are a better parent and deserve to be with their children more than the other. Even though these feelings may or may not be true, the key thing that each parent must keep in mind is that the children usually expect to see both parents. But if there is a disagreement, the court may decide the fate of the child. The judge will take into account the age and sex of the child, the child's preference, the continuity of the environment, the ability of each parent to provide for the physical and emotional needs of the child and the physical and mental condition of the parent. As circumstances change, the visitation agreement may be changed.*

Visitation Rights for Grandparents. Grandparents are increasingly worried about the welfare of their grandchildren. They may see their own children as lacking in parenting skills and find it impossible to watch their grandchildren suffer abuse and neglect. Grandparents are demanding the right to see their grandchildren after a divorce and in most courts, they are being given visitation rights. The scope of these rights depend upon the laws of each state. Some states provide for visitation as long as it is in the best interest of the child and does not interfere with the parent-child relationship. The rules for gaining visitation rights vary in each state and therefore makes it important that the grandparent find out what must and must not be done to insure visitation. *

*The information in this message is general and should not substitute for the advice and counsel of a licensed attorney.