Grandparents' Rights

Guiding Families Through the Challenges of Family Law, One Step at A Time

Grandparents’ Rights in O’Fallon

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Grandparents can be an extremely important part of a child’s upbringing, providing them with another form of love and a nurturing environment that’s beneficial to their life. However, because they are not a child’s biological parents, they don’t have the same rights when it comes to ensuring they receive continued visitation. Unfortunately, grandparents can often be caught in the middle of a family law dispute that sees their visitation rights reduced or denied unfairly. When this is the case, there are a limited number of provisions in the law that allow grandparents to secure their visitation rights and make sure they’re allowed to see their loved ones in the future.

If you’re a grandparent who would like to explore these options further, it’s strongly advised you reach out to an O’Fallon family attorney from Winghaven Law, LLC as soon as possible. Our team understands how frustrating and disheartening it can be to lose your visitation rights, and we are dedicated and staunch advocates in your corner that can help you preserve your ability to see your loved ones. We have a deep and expansive knowledge of the law, and we know how to use it to protect that which is most important to you through every step of the way.

Find out if you have the option to secure your visitation rights by calling Winghaven Law, LLC today at (636) 594-7796!

Grandparents’ Rights vs. Parental Rights

While grandparents can fight for their rights to see their loved ones, the laws are designed to preserve the rights and authority of parents to determine what is in the best interests of their children. If a parent’s decision is in conflict with a grandparent’s wishes, then odds are the court will likely side with the parent to preserve their authority. However, if a parent’s denial of visitation is unjustified or denies a child of a relationship that is beneficial to their upbringing, then grandparents could move to secure these visitation rights.

Grandparents may file to secure visitation rights in the following situations:

  • The child’s parents have filed for divorce, and the grandparents would like to ensure they can retain visitation rights, regardless of which parent is granted child custody
  • One parent has passed away and the other parent has then denied the grandparents reasonable visitation rights
  • The child has lived with the grandparents for at least six months within a two year period immediately preceding your petition
  • Grandparents have been unreasonably denied visitation for at least 90 days, unless both parents are married and living together with the child.
  • A child adopted by a step-parent, another grandparent, or another blood relative.

In each of these instances, the court will only grant visitation rights if they are in a child’s best interests. This means grandparents must be able to demonstrably prove that severing their relationship with a child would be detrimental, and allowing it to continue would have substantial benefits for them. Courts are pre-disposed to give the benefit of the doubt to parents, so it’s extremely important that you reach out and contact an attorney for assistance.

If you’re a grandparent who needs assistance securing your rights, call Winghaven Law, LLC now to request a consultation.

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    Wendy Corley

    "Wendy is a founding member of Winghaven Law, LLC. and she is committed to your case. Her distinct background of training and experience sets her apart from most attorneys. As a former prosecutor, Ms. Corley has substantial trial and courtroom experience. She understands that preparation, diligence and superior knowledge of the law are vital to obtain a successful outcome from a judge or jury. While litigation skills and experience are essential, Ms. Corley more importantly understands the value and necessity of evaluating each and every case to determine the most efficient and cost-effective manner of resolution possible for the client."

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    At Winghaven Law, LLC, we specialize in handling complex family law cases, including divorce, child custody disputes, and support orders, and our experienced team is dedicated to fighting for your rights and ensuring that your future is protected at every stage of your case, providing you with personalized, diligent legal assistance during this challenging time.

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