How to File for Grandparents Rights

The issue of grandparent’s rights has been raising its ugly head quite a lot since the early 1990’s when it became legally challenged all the way up to the Supreme Court. Many different situations come up where grandparent’s rights to see their grandchildren are challenged. There is a way to file for those rights legally.

• File when the child’s parents are divorcing. Should the parents decide to divorce and you feel you will be cut out of the child’s life you will have to file a “Motion to Intervene” in the same court where the divorce is being filed. You will have to get the docket number and case info so you can file the motion correctly, but it can easily be done. You will have to show the judge your relationship with the child and one or both of the parents may be present.


• Make a filing for a Grandparent Visitation Petition. You would do this if one of the parents have died or both of the parents have decided to end your relationship with the grandchild for reasons you believe not to be appropriate. This petition is similar to a complaint that starts a lawsuit. However in a lawsuit there is usually damages involved and here you are looking for someone (the parents) to do or stop doing something.


• Go to court with all the proof you can produce. You will want to be able to show the judge all you can about your prior relationship with your grandchild. You should be able to articulate why cutting you off from the grandchild is not in the child’s best interest. Don’t make it a personal contest between you and the parent or parents. If you win the case the judge will put into place a visitation schedule.


• Remember that parents have a constitutional right to raise their children in the manner they think best. Grandparents have no such rights. Grandparents do not have visitation rights given by anyone or anything. Your best avenue sometimes is to try and mend your fences with the parents to gain access to your grandchildren.