Grandparents’ Rights

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Southaven Family Law Attorneys Fighting for Clients Asserting Their Grandparents’ Rights to Visitation

Providing compassionate family law services in Southaven, Olive Branch, Hernando and throughout the state since 1964

If you are a grandparent whose child is going through a contentious divorce and you are concerned about being able to maintain your relationship with your grandchild, you may wonder what kind of visitation rights you have in Mississippi. When something happens that keeps a parent from being able to care for their child such as drug or alcohol abuse, mental illness, or even a catastrophic injury, sometimes grandparents are the next natural choice to assume custody of their grandchild.

At the law firm of Taylor Jones Taylor, the Southaven family law attorneys fight diligently for grandparents’ rights to maintain a nurturing relationship with their grandchildren in the event of divorce, or the incapacitation of one or both of the child’s parents. The court recognizes the importance of maintaining kinship ties, and the firm does all they can to support their clients in asserting their visitation rights.

Grandparents’ rights under the law

Grandparents and other relatives play an important role in a child’s life, and Mississippi law recognizes the important role that grandparents play in the life of a child. According to Mississippi law, grandparents may file a petition for visitation rights if there exists a viable grandparent-grandchild relationship. In order to prove that such a relationship exists, a grandparent must be able to prove that they were responsible for or contributed to the child’s financial support for at least six months, they had frequent visits with the child including overnights for a period of at least a year. The court’s primary concern is the best interest of the child when determining if grandparents should be granted visitation.  In determining the best interest of the child, the court is in favor of helping a family to maintain a preexisting relationship between the child and their grandparents.

Aside from visitation rights, grandparents may also petition the court for full custody of their grandchild, temporary custody, legal guardianship or adoption.

A family law attorney can help protect your rights as a grandparent

Grandparents who wish to petition the court for visitation with their grandchild must file in the county where the current custody order was entered, or where the child lives. The court may also direct the grandparents to pay reasonable attorney fees and court costs regardless of the outcome of the petition. MS Code § 93-16-3 (2014)

When the child’s parents need help caring for their children because they are unable to, grandparents are often the first ones who are willing to step in and become the caretakers for their grandchildren. However, sometimes grandparents have been denied visitation, but they believe that it is in the child’s best interests that their relationship be allowed to continue, Taylor Jones Taylor is ready to step in and assert your rights. The firm will listen to your story and discuss the legal options available in your circumstances.

Protecting your right to visitation as grandparents

The family law team at Taylor Jones & Taylor wholeheartedly supports the efforts of grandparents who are able to provide a stable, nurturing environment for their grandchildren when their child is unable to do so. You are welcome to call 662.253.5193, or fill out this contact form to schedule a consultation today. With offices in Southaven, Hernando and Olive Branch, the firm serves clients throughout Mississippi, including in Grenada, Batesville, Tupelo, Oxford and Cleveland. How can we help you today?

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