A t t o r n e y s A t L a w
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Grandparent’s Rights
By Steven Pradell
Many grandparents have had difficulty maintaining close contact with their grandchildren, especially after divorce proceedings have been initiated. In the past, the only avenue which may have been available to grandparents in most cases was to request that their children ask the court for grandparents rights in an active divorce or custody case. The court could award for visitation by a grandparent if it was found to be in the best interests of the grandchild.
Alaska law allows a grandparent to petition the court directly for an order establishing reasonable rights of visitation between the grandparent and grandchild. The law allows grandparents to petition the court prior to the entry of a divorce or custody decree, if the grandparent has established or attempted to establish ongoing personal contact with the child, and visitation is in the best interest of the child. After a final divorce, custody or adoption decree is entered, a grandparent may petition the court only if the grandparent did not previously request visitation during the prior litigation, or if there has been a change in circumstances which justifies reconsideration of the grandparent's visitation rights. In determining grandparent visitation, the court must consider whether the child's parent who is the son or daughter of the of the grandparent had any history of child abuse or domestic violence. The law also provides that if parents make an agreement regarding the custody of their children, a court must determine whether their agreement should include visitation by grandparents which is in the best interests of the children.
Alaska has recognized that grandparents have the right, separate from the rights of their children, to ask the court to maintain the bond between grandparent and grandchild. Alaska has continued to focus on the needs of the children, not the needs of the adults, in fashioning visitation and custody awards. The law is a positive step in this direction, and provides hope for grandparents who, despite bitterness created by domestic disputes, desire to maintain a loving and continuous relationship with their grandchildren.
If you are a grandparent who desires visitation with your grandchildren, it may be wise to consult with an attorney who can answer your questions regarding grandparent's rights and explain the options available to you. Many attorneys will consult with potential clients to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed.
This article is not intended to provide legal advice and should not be relied on for that purpose.