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Family Law / October 25, 2023

Do Grandparents Get Visitation Rights After Divorce?

In Mississippi, grandparents' visitation rights are essential for kids whose parents have divorced. If a grandparent has a strong relationship with the child and has been unfairly denied visitation, and it would be in the child's best interests, they can still apply for these rights even if they don't meet the legal requirements.

The Derek L. Hall, PC team can offer guidance and legal support in resolving these intricate issues. We are devoted to assisting grandparents in making wise choices and ensuring that their visitation rights are upheld in the interests of the grandparents.

Under What Circumstances Can I Get My Grandparents Visitation Rights Granted in Mississippi?

The Mississippi law governing grandparents' visitation rights recognizes the value of strong family ties and grandparents' influence on their grandchildren's lives. It aims to safeguard and maintain these connections, particularly in trying times. 

Title 93 Chapter 16 - Grandparents' Visitation Rights 93-16-3 allows grandparents to petition for visitation rights with their grandchildren even if they do not meet the law's criteria outlined in subsection (1). 

To be successful, the grandparents must show:

  • They have given financial assistance to the child for a minimum of six months.
  • A history of at least one year of regular and extensive visits between the grandparents and the child.
  • The parent or caretaker refused arbitrarily to the visits.
  • The court determined the visitation is in the child’s best interests.

The child's best interests must come first in court while considering a close relationship with grandparents can offer emotional stability and support in trying times.

How do I Start the Grandparents Visitation Right Petition?

To get visitation rights for your grandchild, you must submit a "petition" either in the county where the kid resides or in the court deciding those matters. Outline your proposed visiting schedule in your petition. 

All parties concerned, including the child's parents and anybody else who could have requested custody, must be notified after your request has been filed. 

You can seek the court to enforce or "modify" (alter) an existing visitation order. For example, if the child’s parent(s) obstruct your visits for any reason not outlined in the existing order. 

In short;

●     If the child's custody arrangements are already outlined in a court order, the grandparent should file their request for visitation rights in the same county as the court where that order was made.

●     If there isn't a custody agreement, the grandmother should submit the petition to the county where the kid resides. This way, the legal proceedings take place in a setting that is appropriate for the circumstances of the kid.

Let Us Help You Today

The law promotes family and ties, ensuring that the child's best interests come first while allowing grandparents to remain a source of support and love. Derek L. Hall, PC, can offer guidance and legal support in resolving these intricate issues. 

We help grandparents make wise choices and ensure that their visitation rights are upheld in the grandchildren's interests. Contact us today for a free initial consultation at 601-768-7454.

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