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While most visitation and custody disputes are between parents, there can be issues related to grandparents, as well. If you are looking to secure visitation rights or custody over your grandchildren, it is a good idea to seek the help of a Seattle grandparents’ rights lawyer.
In many families, grandparents serve as the primary caretakers of a child. This often leads to the formation of strong bonds that enrich a child’s life. Our family law attorneys are here to ensure you are able to form those bonds with your grandchildren.
In general, parents have the right to determine who is allowed to interact with their children. However, state law does provide grandparents with the ability to seek visitation rights under specific circumstances. There is no guarantee that your efforts will be successful, but a Seattle grandparents’ rights attorney could help you make the strongest possible case.
In many families, the role of raising a child is often shared by people other than the biological parents. This typically includes grandparents, who may be an important part of that child’s early years. If you have built a strong bond with your grandchildren while caring for them, only to lose your ability to spend time with them, you may be eligible for non-parent visitation.
Just like with custody cases, the courts will look primarily at the best interests of the child to determine if non-parent visitation is appropriate. A judge will only make this award if there is evidence of a substantial relationship with the child and that denying visitation would be harmful to them.
The unfortunate reality for grandparents in Washington State is that they do not have the right to petition the court for custody of their grandchildren. Although the state previously had these protections in place, the U.S. Supreme Court struck down the statute as it overstepped the parents’ rights to determine who their children associate with.
Courts may not award you child custody, but there are still options for seeking guardianship of your grandchildren if they are not safe in their parents’ care. In cases where the safety of a child is in jeopardy, courts allow for a process known as emergency minor guardianship. Grandparents are able to pursue this option. The few requirements for guardianship are that the person seeking it must be at least 21 years of age and lack certain criminal convictions. The court has the power to waive even these requirements in some cases.
Judges will only award temporary guardianship when a child has been abandoned or if they are facing abuse or neglect. The parents have the opportunity to challenge these proceedings, and there is a process for them to seek their children’s return, as well. Some of the reasons a judge might order guardianship include the following:
Most emergency orders last between 60 and 120 days, or until the court can find someone to serve as a long-term guardian. This can last for as long as needed or until the child turns 18. A qualified lawyer in Seattle could answer any questions you have regarding this aspect of grandparents’ rights.
If you have built a strong relationship with your grandchildren, it is likely in their best interest to allow that bond to grow. Depending on your circumstances, you may have options regarding visitation or guardianship, but enforcing these rights is rarely easy.
At the Twyford Law Office, we are dedicated to supporting you and your relationship with those you love. Contact us today to learn how a Seattle grandparents’ rights lawyer could help you.
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