If you are a grandparent in Jackson, Mississippi, you might be wondering what your rights might be when it comes to visitation and your grandchildren. Grandparents’ visitation issues can arise if your children are getting divorced or if you find yourself estranged from the custodial parent of your grandchild. What are your options if you are having difficulty securing visitation time with your grandchildren? Do you have the right to request visitation with your grandchildren? What happens if the child’s custodial parent is denying you visitation as a grandparent? Under Mississippi law, grandparents do have a right to petition the court for visitation. However, a family lawyer may be able to help you understand all your options for securing grandparents’ visitation before you take this major step.
In many instances, grandparents are able to arrange for visitation with their grandchildren by speaking directly to the custodial parent of the grandchild. These negotiations can either be made when the parents are putting together a parenting plan during divorce, or they can be made at any time the grandparent seeks visitation. But what happens if you are unable to speak with or negotiate with the custodial parent of your grandchildren? In these cases, grandparents may want to petition the court for visitation. Ballard Law, PLLC are family lawyers in Jackson, Mississippi who may be able to assist you if you are a grandparent seeking visitation with your grandchildren.
When Will the Court Grant a Grandparent Visitation Rights in Mississippi?
Under Mississippi law, the court will grant a grandparent visitation rights under certain circumstances. What are these circumstances? Here are a few cases where the court may grant you visitation rights:
- The child’s custodial parent is unreasonably denying the grandparent visitation. If you can show that you have a relationship with your grandchild and that the child’s custodial parent is denying you visitation, you may be able to petition the court for visitation. Ballad Law, PLLC are family lawyers in Jackson, Mississippi who can review your situation and present evidence to the court to support your petition for visitation if you are wrongfully being denied visitation with your grandchildren. The court will also look to see whether visitation with the grandparents is in the best interests of the child. If visitation is determined to be in the best interests of your grandchild, then visitation may be more likely to be granted. One of the ways that you may be able to show that visitation is in the best interests of your grandchild is to present the court with evidence showing that the child has established a close relationship with you as the grandparent.
- Past record of financial support of your grandchildren. If you can show the court that you have supported your grandchildren financially for the six months prior to your petition for visitation, you may have a stronger case supporting your petition for visitation. Partial support of your grandchildren can also count.
- Past record of visitation. If you can show the courts that you have visited with your grandchildren regularly in the year prior to your petitioning the court for visitation, you may also have a stronger case. If you can show that your grandchild stayed at your home overnight, or that you spent time caring for your grandchild, you may also have a stronger case for visitation. If you have served as one of your grandchild’s primary caretakers you may also have a strong case when petitioning the court for visitation.
These are just some of the factors the court will consider when determining whether a grandparent should have visitation rights. While in many cases, grandparents are able to negotiate visitation schedules with the child’s custodial parent, sometimes this is not possible. If you have been estranged from the child’s custodial parent or if the parent has decided to deny you visitation, you may need to petition the court for visitation. Ballard Law, PLLC is a family lawyer in Jackson, Mississippi who may be able to assist you with this process.
Petitioning the Court for Grandparent Visitation in Mississippi
Grandparents can petition the court for visitation in the district where the custody order was made. Petitioning the court may not be your only option to receive visitation as a grandparent. Sometimes it is possible to negotiate with the custodial parent before grandparents need to take court action. Ballard Law, PLLC are family law attorneys in Jackson, Mississippi who can help you evaluate your options when it comes to grandparents’ visitation rights. If you are being denied the ability to visit with your grandchildren, consider reaching out to Ballard Law, PLLC today. USAttorneys.com can connect you with a grandparents’ visitation lawyer in Jackson, Mississippi like Ballard Law, PLLC. We can help you review all your options.