KNOW YOUR RIGHTS #10

Seeing Your Grandchildren: Your Visitation Rights

Enid Smith has a beautiful grandson she never sees. When her daughter divorced her husband, she gave him custody of their son—her grandson. Her daughter just couldn’t support him. In fact, she had to move out of state to find work. Now, Enid’s former son-in-law has remarried. His new wife doesn’t want Enid around. She won’t let Enid see her own grandchild. She is heartbroken. She loves that child and wants to be part of his life. Is there anything she can do?

A Maine law, the Grandparents’ Visitation Act, may help.

This law may help you get the right to see your grandchildren. You have to ask a court for this right. You also have to show one of these:

• You have been seeing your grandchildren regularly;

• You have not been seeing your grandchildren but you have tried;

• At least one of the child’s parents has died.

What can you do?

First, you must do everything you can to work things out with the parents. Keep a list of the dates you have called or written and the ways you have tried to stay in touch with your grandchildren. You need this proof.

Second, if you can’t work things out, you can go to court.

Getting help (if there IS NOT a court case already)

You will need a lawyer to help you fi le the ‘complaint’ papers in court asking for a right to visit your grandchildren to start a case. Call us. We may be able to find you a lawyer at a reduced fee rate.

Getting help from the court (if there IS a court case already)

If there is a case already in court – for example, the parents are divorcing or custody is being decided:

1. Call the District Court in the county where the child lives.

2. Get the name and number of the case from the clerk at the court.

3. Write a letter to the judge telling him why you should have the right to visit your grandchildren. Give it to the clerk.

Parents Get Court Papers

Parents of the children must get copies of your court papers. Either the sheriff will give them the papers or you must send them by certified mail. The parents may also file their own papers telling the judge their side of the story. They have to give you a copy.

The Judge Decides: Mediation

A judge will look over your papers and decide what comes next. The judge may require you and the parents to meet with a special counselor to try and work things out. This is called "mediation". You must do this if the judge orders it.

The Judge Decides: Court Hearing

If you can’t work things out with the parents, you will have a "hearing" in front of a judge. The parents and any witnesses called by either side will come.

The judge must decide if giving you visits would meet 2 legal standards:

1. Visits must be in the best interests of the child

2. Visits must not affect the parent/child relation or the parent’s authority.

In making a decision, the judge looks at many things, including, the age of the child, what the child would like, and your ability and the parents’ ability to give the child love and guidance.

Can the Judge’s Order Be Changed?

Yes, if the situation changes and someone goes back to court to ask for a change.

You can also appeal the judge’s decision. You have 21 days after the decision to appeal.

Case 1: My grandchild is the subject of a child protection order

If your grandchild is removed from home under a "protection order", you have the right to ask to see your grandchild and that the child be placed with you.

You can write a letter to the judge or show up at a court hearing and ask to be included in the case. You can do this yourself but it may be better to have an attorney do it for you. The judge will look at many things, the most important being what is in the "best interests of the child". Call us if you want to discuss your concerns with a free lawyer.

Case 2: My grandchild is up for adoption (or has been adopted)

If your grandchild may be adopted or has been adopted, these are the rules:

• If your grandchild is placed with adults who may become his parents and they have signed the legal papers, you do not have the right to visit your grandchild. (Your rights are "suspended.")

• If the adoption does not become final within 18 months, your right to visit your grandchild is "restored." That is, you get it back.

• Once the adoption becomes final, you have no legal right to visit your grandchild. However, you may be able to work things out with the adoptive parents.

Coping and Getting More Help

Some of these rules are hard to understand. They may make you feel upset. If you want more help, lawyers at Legal Services for the Elderly can talk with you for free. We’ll answer your questions about your rights as a grandparent.

[Know Your Rights] [News]  [Links]  [Home]  [Education Materials]