Children are always looking forward to spending time with family. Whether parents, siblings, cousins or grandparents, they are all important to them, specially grandparents, as in most cases they provide a tremendous amount of emotional support and care for their grandchildren. But what happens when a divorce occurs? Are grandparents able to see their grandchildren as much? The laws of divorce are based on the state you live in. If you have been prevented from visiting your grandchild, a Salt Lake City divorce attorney can help you claim your rights.
Although the law in the state defends the parents’ decision to prevent grandparents from visiting their grandchildren, a grandparent can prove that the visitation benefits the child. Some of the things the judge will consider when making those decisions include:
Although the court may choose to favor grandparents’ visitation rights, these can not infringe on parents’ basic rights to raise their children. In other words, parents’ rights always come first.
The constitution protects parents’ rights to raise their children. However, there are cases when the parent is unfit and the parental rights have been terminated. Utah laws allow a third party, such as a grandparent, to obtain child custody when:
In cases of abandonment, neglect or child abuse, the grandparents need to be able to prove it otherwise the court will deny custody. The parents being temporarily absent is not enough prove to obtain the custody of the grandchild. The parent of the child has to be missing from the picture or unfit in order for the court to rule in the grandparent’s favor.
Unfortunately, adoption stops all rights from the biological line. Similarly, grandparents are also cut off from visiting their biological grandchildren. Some exceptions may apply when the child was adopted by either a stepparent or biological relative. Grandparents have visitation rights in Utah but they are always secondary to parental rights. In some cases the grandparent can visit the child as long as it works on the child’s best interest and it doesn’t interfere with parent’s rights.
If you are looking for a reliable and experienced Salt Lake city divorce attorney, Melvin A. Cook can provide you that insightful legal counsel you are looking for. He has provided vigorous and proficient legal representation in Salt Lake City for nearly two decades. Call today and schedule your initial consultation.
When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.