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Recent changes in the law have given parents greater rights that can overcome even natural and legal grandparents' rights. This makes it vastly harder for loving grandparents to develop a relationship with their grandchildren when the parents don't approve.
In order to sue for grandparent visitation over the parents' objection, your parents must first be able to prove that that your children would experience substantial harm if they don't have a relationship with your parents. If, for example, your ex and her husband are abusing or neglecting the children, your parents might have an argument that their positive influence and supervision is needed to counterbalance the negative effects of their home environment. Keep in mind, however, that this can be a very hard burden to meet. An experienced Family Law attorney would be able to give more specific advice after hearing all the details of the children's home environment, etc.
You may find it beneficial to consult with an attorney who can help your parents negotiate with your ex and her husband for some level of involvement in your children's lives. Are they willing to accept presents? Letters? Should the grandparents avoid certain topics? Can they at least stop by once a year? While parents don't have to have a great reason to keep individuals - even grandparents - away from their children, a skilled negotiator may be able to help them communicate with the parents and perhaps come to an arrangment that will benefit the children without infringing on the parents' rights....
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Recent changes in the law have given parents greater rights that can overcome even natural and legal grandparents' rights. This makes it vastly...
Read More