There’s some threshold questions if there’s a family that’s intact. But if a family is going through a divorce, grandparents can seek what we call partial physical custody or visitation with their grandchildren. And the court makes the determination, once again, if it’s in the best interest of the child or children to see the grandparents. They can get an order that so provides for it. And it doesn’t matter if one of the parents doesn’t want it to happen; the court has to make an independent determination that it is in that child or children’s best interests to have time with the grandparent or grandparents.
David L. Ladov is a partner and co-chair of the Family Law Group at Obermayer Rebmann Maxwell & Hippel LLP. He focuses his practice on divorce, including custody, child support, equitable distribution, abuse and domestic relations. David can be reached at (267) 675-4976 or [email protected].
Robert Whitelaw is a managing partner and co-chairman of Obermayer Rebmann Maxwell & Hippel LLP’s Litigation Department and Family Law Group. He has 40 years of experience in practicing family law. Robert can be reached at [email protected] or (215) 665-300.