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Step 1 - Basics

Grandparent Visitation Case Basics

 

You will learn:

 

             1.  What happens in this case.
             2.  When you can file.
             3.  Tips for surviving.

 

two grandparents with a grandchild in between them
Icon of child in two caring hands.

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.

 

Icon of question mark inside of courthouse.

2.  Can you File?

 

When Can You File?

 

  • A grandparent might be able to ask for visitation when:
    1. there is already a court case with the child's parents such as a Divorce, Legal Separation, Custody or Annulment;
    2. there is a juvenile court case that includes custody and determining paternity;
    3. 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
    4. the parent(s) of the child have died
  • A grandparent might not able to ask for visitation when:
    1. the parent's rights have been ended/terminated;
    2. the child has been adopted; or
    3. 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.

 

Who Can File?

 

A grandparent or great-grandparent of the child(ren).

 

 

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3.  Terms

 

Intervenor

 

A person who enters into a court case that already exists.

 

Jurisdiction

 

The legal qualifications needed for a Court to be able to help you.

 

 

Icon of a heart.

4.  Be Kind

 

Do No Harm

 

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.

 

A Time of Stress

 

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.

 

 

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Next Steps

 

Next  –     FIle the Case  or    Respond to the Case

 

Go To  –     Case Overview