How to Get Child Visitation: For Grandparents

As a grandparent, it is natural to wish to be in the life of your grandchildren. Unfortunately, sometimes this becomes a difficult issue if you are being denied the right to visit. You can sometimes compel visitation by petitioning the family court in your state, but the rules for granting such a petition vary. If you wish to file a lawsuit to compel visitation, you may want to consult an attorney experienced in family law issues.

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I married an army colonel after my divorce. He recently was re-assigned to another out-of-state base. Could my ex-husband stop us from taking the children to the new location?

When you have a legal custody arrangement in place, it generally indicates whether you may move with the children and if so, how far you may move. For example, it is common for a custody arrangement to mandate that a parent may not move with a child more than a set number of miles or minutes away. Regardless of whether your custody arrangement expressly limits your right to move or not, you will still need to inform your ex of the move and you will need to get permission from either your ex or the court to modify a custody agreement or to move with a child before you pack your bags.

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Common Arrangements for Child Custody and Child Visitation

When two parents separate, child visitation is often the key issue. In every state, parents are urged to create a parenting plan either on their own or with the help of a mediator or collaborative divorce coach. The court will get involved and litigate the issue, but usually only if there are extenuating circumstances (i.e., domestic violence, drugs, abuse) or if the parents are unable to establish a custody or child visitation agreement on their own.

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What if both parents agree on child custody and visitation arrangements?

When separating parents do get along and can agree to a reasonable custody or visitation schedule for their child(ren), the court is generally going to be responsive in formalizing that agreement (i.e., parenting plan) and making it legal. If there is a substantial or significant change in circumstances since the original custody or visitation orders, courts again urge the disputing parents to resolve the differences, without the need for the court to modify the original order of custody or visitation.

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What is child custody?

Child custody refers to guardianship of a child. This may refer to physical custody, wherein you have the right to have the child physically under your care. It may also refer to legal custody, where you have the right to make decisions for a child but do not actually have the child living with you.

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