As a grandparent, you probably have a special relationship with your grandchildren. Unfortunately, Kansas law offers little direct protection for this relationship. Grandparents are often at the whim of the child’s parents when it comes to visitation rights.
However, there are situations where you could secure visitation or even custody rights with the help of a dedicated family attorney at Addair Law. You could protect these critical relationships with the help of a Lincoln County grandparents’ rights lawyer.
Do Grandparents Have Custody Rights?
Grandparents do not have custody rights over their grandchild, even when they play a significant role in the child’s early development. The courts prioritize the rights of parents to make crucial decisions regarding their child’s upbringing. Parental control over a minor is a fundamental right that is only taken away when a child’s health, safety, or welfare is in jeopardy.
Because of this approach to parental rights, grandparents obtaining custody over a minor child is typically quite challenging. They must show that the child is at risk while remaining in the custody of their parents and that a change in custody is in the child’s best interests. While this is a high standard, a qualified Lincoln County grandparent’s rights attorney could help.
Understanding Visitation Law
Grandparents are not guaranteed custody rights, but the law sometimes provides them with access to visitation. State law allows the court to grant reasonable visitation rights to a grandparent when two essential elements are met. First, the court must determine that visitation with a grandparent is in the child’s best interests. Second, there must be proof of a substantial grandparent-grandchild relationship. A seasoned Lincoln County grandparents’ rights attorney could help with both issues.
Establishing a Substantial Relationship
Sometimes, a grandparent might raise a child like their own. The law protects this relationship by allowing visitation rights in situations where the parent might disagree. To secure these rights, there must be a substantial relationship in place. Determining whether a relationship is substantial is subjective.
The judge could consider various issues like whether the child lived with their grandparent at any point in their life or the extent of their relationship.
Best Interest of the Child Standard
Proving that there is a substantial relationship is not enough in court. Ultimately, any question of visitation with a minor comes down to what is best for the child.
Deciding what is best for a minor is based on various factors. The judge must consider each of these factors before making a final decision. Some of these factors include:
- The child’s age
- The minor’s health needs
- History of domestic or sexual abuse
A hard-working grandparents’ privileges attorney in Lincoln County could prove that visitation or custodial rights are in the best interests of a child.
Contact a Lincoln County Grandparents’ Rights Attorney Today
Before you consider seeking custody or visitation rights on your own, it could be in your best interest to seek out legal guidance. Obtaining these rights can be difficult, but an attorney from Addair Law could get you the outcome you deserve.
Let a trusted Lincoln County grandparents’ rights lawyer advocate for you at this critical time. Reach out as soon as possible to get started.