When you have a son or daughter who goes through a divorce, you may be concerned that you'll no longer get to see your grandchildren. Maybe the other parent is seeking sole custody or your child only wants to seek visitation time; whatever the reason is, you need to know your rights as a grandparent to keep your relationship with your grandchild.
In Nebraska, there are times when you can seek visitation with your grandchildren. The first time you can seek out visitation is if one of the grandchild's parents have died. For example, if your child has passed away, you can pursue visitation with your grandchild to continue that relationship despite having no other family ties.
Another time when you can ask for visitation is if the parents of your grandchildren have filed for a dissolution but a decree has not yet been entered. Nebraska also allows you to seek out visitation in cases where the grandchildren's parents have never been married but paternity is known.
What does the court need to know before granting visitation rights?
The court wants to know that continuing this relationship is in the best interests of the child. You will need to provide evidence of the nature of your relationship and show why it's important for your relationship to continue. If you can show that you have a long-standing relationship with your grandchild and that your visitation rights wouldn't violate or interfere with one of the child's parent's rights, then you may be granted visitation by the courts.
Your attorney can speak to you about the best way to move forward if you want to seek visitation. You will need evidence of your relationship, and your attorney can help you present it accurately.
Source: Nebraska Legislature, "Nebraska Revised Statute 43-1802," accessed April 28, 2017