Grandparent Visitation Case Basics
You will learn:
1. What happens in this case.
2. When you can file.
3. Tips for surviving.
1. What happens in a Case
With your input, the Judge will:
- Decide if visits with grandparent(s) are best for the child(ren).
- Create a plan for the child(ren) to visit with grandparent(s)
Note: If the judge does not allow visits you will receive a reason why in the court order.
2. Can you File?
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When Can You File?
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- A grandparent might be able to ask for visitation when:
- there is already a court case with the child's parents such as a Divorce, Legal Separation, Custody or Annulment;
- there is a juvenile court case that includes custody and determining paternity;
- the child is involved in a Dependency and Neglect case, the child does not live with either parent and lives with someone who is not a family member; or
- the parent(s) of the child have died
- A grandparent might not able to ask for visitation when:
- the parent's rights have been ended/terminated;
- the child has been adopted; or
- if the child's parents have not been involved in any of the court cases above.
These are the qualifications to give the Court jurisdiction.
- A grandparent might be able to ask for visitation when:
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Who Can File?
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A grandparent or great-grandparent of the child(ren).
3. Terms
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Intervenor
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A person who enters into a court case that already exists.
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Jurisdiction
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The legal qualifications needed for a Court to be able to help you.
4. Be Kind
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Do No Harm
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Avoid Emotional Harm
- Don't talk badly about the parents in front of the kids.
- Don't harm the children's relationship with the parents.
Decision Making
- Intense emotions can cloud your thought process.
- When emotions take over, it takes 20 to 30 minutes to calm down.
- Take that time before making choices. Or,
- Wait until the next day to make a legal or other important decision.
- With a calm mind, you can make decisions that are right for your family.
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A Time of Stress
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Find productive ways to manage your:
Stress
- Get organized
- Eat well
- Get rest, and
- Exercise.
Emotions
- Develop a support system of adults.
- Find positive ways to deal with tough emotions.
Disappointment
- You won't get everything you want.
- Get legal help, if possible, to make realistic requests.
- Know that the Court has to make difficult decisions.
- Find ways to express your emotions that do not harm your family.