Unable to Spend Time With Your Grandchild? We Can Help
If you are a grandparent who has been unable to spend as much time as you would like with your grandchild or have been unable to see your grandchild at all, the laws of West Virginia allow you to file a petition for court-ordered visitation with your grandchild. Most grandparents are able to secure a reasonable visitation schedule with their grandchildren as long as the visitation is in the best interest of the child and the visitation would not significantly interfere with the parent-child relationship. There are nine important factors that the court generally considers when ordering visitation rights for grandparents:
1. Existing relationships between grandparent, parent(s), and grandchild
2. Age and preference of the child in question regarding the visitation
3. Parent’s preference
4. Time elapsed since last contact between grandparent and grandchild
5. Potential interference with parent-child relationship
6. Whether or not the grandparents had previously served as a significant caretaker for the child
7. Amount of time available in the schedules of those involved
8. Custody & visitation schedules of parents
9. Any existing history of neglect or physical, sexual, or emotional abuse
Grandparent Visitation After Divorce or Death of the Parent
In cases involving divorce or if one of the parents of the child has been estranged or died, a previously rich and fulfilling grandparent-grandchild relationship may suddenly cease. This can be emotionally devastating for both you and your grandchild. Whether you are the biological grandparent of the child, have had custody of the child’s parent, or if you are (or were) married to the biological grandparent of the child, you may be able to seek court-ordered visitation with your grandchild. The parents of the child in question need not have been married for you to seek visitation rights with your grandchild.
Secure the Legal Right to Visit Your Grandchild
It is important to note that while the courts of West Virginia do carefully consider what is in the best interests of the child when awarding Grandparent Rights, they also are bound to fully recognize a fit parent’s constitutional right to fully make all pertinent decisions related to the care, custody, and control of the child in question. The court is therefore likely to carefully consider the preference of the parent when making their decision. If you have been unable to visit your grandchild as time slips by and you are considering filing for Grandparent Rights in West Virginia, contact Isner Law Office right away. Our skilled legal team will work hard to help you secure the legal right to visit with your grandchild. Call: 304-636-7681.