Few relationships have the potential to be as impactful as the relationship between a grandparent and their grandchildren. Grandparents can bring wisdom, perspective, and focused attention that parents are sometimes too stressed or busy to provide.
Sadly, family rifts and other situations outside the control of the grandparents or grandchildren can disrupt this relationship, but our Frederick grandparents’ rights lawyer could help. The family attorneys at Rolle & DeLorenzo have deep knowledge of family law and will strive for a result that allows you to maintain your relationship with your grandchildren.
Grandparents sometimes believe they have a right to spend time with their grandchildren, but current law prioritizes a parent’s right to decide who may interact with their children. This includes preventing contact with grandparents if the parent chooses to do so.
A family counselor could identify the issue that is causing the parents’ reluctance to allow you to have contact with your grandchildren. In many cases, there are steps you can take to alleviate the parents’ discomfort and resume a relationship with your grandchildren.
Mediation may sometimes be a more fruitful strategy, as this process helps all parties understand each other’s position and work from that understanding toward a mutually acceptable result. Our Frederick attorneys could help you find a solution that addresses the parents’ concerns but allows you to have contact with the grandchildren.
You may also consider bringing a legal action with a lawyer in some situations to enforce your rights as a grandparent in Frederick. Maryland Family Code §9-102 specifically grants grandparents the right to ask a court to order visitation. However, you should recognize that courts give broad deference to the parents’ wishes, and you must present substantial proof to be granted visitation over a parent’s objections.
You have the best chance if you can show that you are a de facto parent. You must present evidence that shows you previously had a close relationship with your grandchild and were a part of their daily life, such as by frequently providing a home or childcare for them.
If you establish that you are a de facto parent to your grandchildren, you must then prove that maintaining a relationship with you serves the children’s best interests. A judge could overrule the parents’ objections when you can establish these two elements.
If you cannot prove that you were a de facto parent to your grandchildren, you must prove their parent is unfit or that exceptional circumstances merit continued contact with or even custody of your grandchildren. Substance abuse, domestic violence, and incarceration are a few of the common scenarios that could lead to a finding of parental unfitness or incapacity to care for the children. Depending on the circumstances, your attorney might have to prove your grandchild’s parents exposed them to abuse or otherwise endangered them.
You must establish that continuing contact with you is in your grandchildren’s best interests and that severance of contact would be harmful. You must be specific about the way your grandchild’s physical or emotional well-being would be damaged if the court does not grant the relief you seek.
It can be heartbreaking when your grandchildren’s parents limit or prevent you from contacting them. Although the law assumes parents’ decisions are for the good of their children, some circumstances could overcome that presumption.
Reach out to our Frederick grandparents’ rights lawyer at Rolle & DeLorenzo. We could provide a candid assessment of your legal position and work toward a solution that allows you to have a relationship with your grandchildren.
Based on 233 reviews
FREE CASE EVALUATION