The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm. St. Louis Family Law Attorneys.
My Blog
Posted on July 17, 2015 at 10:52 AM |
Recently I handled a case in which Grandparent Rights were
at issue. As I have written before on this blog, Grandparent Rights are not as
strong as a Grandparent might hope for or expect. There are only special
circumstances in which a grandparent may ask for rights. Many times this is in
a divorce case or a modification of the order from that previous divorce case
in regards to the child custody portion of that divorce case. The law allows for Grandparents to Intervene in Divorce
cases and Modification of Child Custody cases. It also allows for Grandparents
to request rights in other ways, under other circumstances. However, there is a
loophole in the law as it exists at this moment. Consider this circumstance: A couple has children together.
They split—either by divorce or just split as a couple. Either the couple goes
through a divorce and comes up with a custody plan or the unmarried couple
splits, no court required. A grandparent has a chance to intervene here in the
divorce. In the second situation, the grandparent does not because there is no
court proceeding to intervene in. The grandparents have been close to the
children for years, but the grandparents believe that the dissolution is their
son or daughter's own business and they don't want to get mixed up in their
case. This is a legitimate consideration. Divorces are messy. Many times these
proceedings can bring out the worst in people, and in this case it's grandma
and grandpa's son and daughter-in-law or vice versa. Grandma and Grandpa don't
want to see this part of their son or daughter and they don't want to hear the
accusations the other spouse has. The reluctance of a grandparent to intervene could very well
be a mistake that costs them their right to have a relationship with their
grandchildren. In many instances, this is something that you can go back and
ask for but here is the rest of the scenario: Grandma
and Grandpa's son or daughter dies. Son or daughter is in a car accident. Son
or daughter has a terminal illness like cancer and passes. Perhaps son or
daughter dies some other way. Terrible things happen all the time. One of the things we do
as lawyers is prepare people for those terrible things and hope they never come
to pass. If grandparent does not intervene and does not ask for grandparent
rights before son or daughter's death, their rights to see their grandchildren
could be in jeopardy. When son or daughter dies, past daughter-in-law or
son-in-law may request the court for their current partner to adopt the son or
daughter's children. As of now, the law has explicitly disallowed grandparents (whose
son or daughter is the deceased ex-spouse) from intervening in an adoption.
Once an adoption has occurred, all grandparent rights cease for the
grandparents (whose son or daughter is the decease ex-spouse). BOTTOM LINE: Intervening when the opportunity presents may
allow an attorney to add language to court documents that can preserve your
rights. |
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