What Guardianship Rights Do Grandparents Have?

When parents are divorced, and the parent with custody dies, the law automatically transfers custody to the remaining parent. If you believe your grandchild's remaining parent is incompetent, you can file with the court for Guardianship, asking a judge to appoint you as your grandchild's guardian instead. Even if both of your grandchildren's parents are living, you can ask for guardianship. This step can also be achieved by using mediation.

The everyone must always put the best interests of the child first. If you can prove that the parent(s) is or are abusive or unfit, the court will put the interests of the child or children ahead of the parents' rights. 

The law surrounding grandparents’ rights is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a mediator who is or has family law experience.

We are regularly asked what are a grandparent’s rights when they have been deprived of access to their grandchildren. The heartbreaking truth is that grandparents do not have an automatic right to contact with their grandchildren. However, family courts do recognize the invaluable role that grandparents play in their grandchildren’s lives and it is very rare that the court would refuse a grandparent access to grandchildren unless there is clear evidence of danger from abuse or violence.

In some cases, it is not a matter of guardianship but merely access. You can apply for a Contact Order through the court to gain access to your grandchildren. If one, or both parents raise objections you are likely to have to attend a full hearing in which both parties can put forward their evidence. It is essential that you receive good legal advice at this stage because you will need to persuade the court that you have a meaningful and on-going relationship with your grandchildren, which significantly benefits their lives.

Using mediation has helped many grandparents resolve disputes agreeably and gain access to their grandchildren.

You can make a phone call, write a letter or in some cases WHYmediate can contact your family directly for you. A simple phone call can start the process for you, 480-777-5500. At WHYmediate?, we give you the tools you need to resolve conflict in a positive learning environment.

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions