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Grandparental Rights

Grandparents are typically able to make arrangements with their grandchildren's parents to spend time with their grandchildren, even when the grandchildren's parents are separated or divorced. However, where either or both of a child's parents have died, or in other situations where fairness requires, grandparents may seek the assistance of the courts to secure specific rights to visit with a grandchild, if it is in the best interests of the child.

Under extraordinary circumstances, a grandparent may also seek custody of a grandchild. It is considered "extraordinary circumstances" if there has been a prolonged separation of the parent and the child for 24 continuous months during which the parent voluntarily relinquished care and control of the child and during which the child lived with the grandparent.

To discuss any issues or questions with respect to grandparents' rights, please contact Lawrence J. Schwind.