Understanding Grandparent Visitation Rights: A Comprehensive Guide and Legal Framework
The visiting regime of grandchildren with grandparents is an issue that is acquiring greater importance day by day.
Until not long ago, if parents refused to let grandparents visit their grandchildren, the situation was forgotten.
However, the role of grandparents in the development and emotional stability of grandchildren is very favorable.
A close personal relationship between grandparents and grandchildren is always enriching, and the legitimate right of grandparents to maintain this contact should not be forgotten .
If they don’t let you see your grandchildren , in this post you will discover:
- What are your rights as a grandparent?
- How can you exercise them
- What does the grandparents’ visitation regime consist of?
Do I have the right to visit my grandchildren even if their parents object?
There are frequent cases in which grandparents cannot see their grandchildren due to family disagreements.
It is unfair that because of anger with your son/daughter, with their partner or because of their death, they do not let you see your grandchildren.
But don’t worry, the law protects you:
Grandparents play a fundamental role in cohesion and transmission of values in the family, which is the agent of solidarity par excellence in family society.
Therefore, disagreements with the father/mother of your grandchildren do not justify prohibiting you from having them in your company. They cannot prevent you from having the right to visit them or have contact with them, unless there is just cause .
If your son/daughter or his/her partner opposes it, don’t sit idly by, fight for your grandchildren.
You can start a judicial procedure and request a visitation regime .
Do I have the right to visit my grandchildren even if their parents divorce?
As in cases of confrontation with parents, in the event of a breakup between them, grandparents have the right to visit and communicate with their grandchildren .
Although in the event of a couple breaking up, the parent-child relationship is the priority, attention must be paid to the grandparents-grandchildren relationship.
How can I exercise the right to visit my grandchildren?
There are several ways to request visitation of grandchildren with grandparents:
If the parents have not divorced , you must file a lawsuit requesting the right to visits , communications and stay with your grandchildren.
In the event of parental divorce , the visitation regime for grandchildren with their grandparents may be included in the regulatory agreement .
The agreement will set the days that grandparents can visit their grandchildren and for how long , depending on the children’s interests and activities.
If visitation is not established in the divorce process, you can request it judicially at any time later.
In any case, the Judge must protect the best interests of the minor .
The criteria that the Judge will assess to grant visitation with your grandchildren are, among others:
- The age of the minor. A visitation regime for a child under 2 years of age is not the same as for a child under 14 years of age.
- The relationship of grandchildren with their grandparents.
- Whether the grandchildren have spent the night away from home or not.
- If the parents are divorced, the Judge will take into account the visitation regime of the non-custodial parent.
Once the circumstances of each case have been analyzed, one of the following judicial decisions will be adopted :
- Establish a visitation regime in favor of grandparents.
- Deny visitation of grandchildren with grandparents if there is cause that justifies it, taking into account the protection of the interest of the minor. As an example, it is considered just cause to deny visitation if grandparents exert a bad influence on the grandchild towards a parent.
What does the visitation regime for grandchildren with grandparents consist of?
The Judge will establish the visitation and communication regime that most favors the personal and psychological development of the minors .
During the grandchildren’s childhood, grandparents will be able to enjoy their grandchildren one weekend a month and two days during school holidays (Christmas, Easter, summer…), for a few hours and without an overnight stay.
The visitation regime may be progressive , so that it is expanded as the grandchild turns older.
A more extensive visiting regime would be one full weekend per month, two days at Christmas and Easter and one week in summer.
However, the specific visitation regime will depend on the particularities and circumstances that occur in each specific case .
It is advisable to contact a lawyer specializing in family law to carry out a specific analysis of the case and advise you on the best way to act so that you can maintain your rights towards your grandchildren.