Grandparents' Rights: What You Need to Know

Grandparents can seek court ordered visitation with their grandchildren in certain circumstances.  If their grandchildren are removed from the parent(s) by Child Protective Services as the result of a court order, the grandparents can intervene in the juvenile court action as a matter of right and can seek to have the court place their grandchild in their home.

Under Nebraska grandparent visitation statutes, a grandparent may seek visitation in district court under the following circumstances:

• The child's parent or parents are deceased
• The marriage of the child's parents has been dissolved or petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered; or
• The parents of the minor child have never been married but paternity has been legally established.

Remember, however, that this is for district court visitation actions. If the grandchild is under the jurisdiction of a separate juvenile court or a county court sitting as a juvenile court, the procedure for seeking grandparent visitation is different.

If one of the above circumstances has been met, a grandparent may file a Complaint for Grandparent Visitation in District Court. To be successful in obtaining an order granting grandparent visitation, grandparents must prove:

·         the existence of significant beneficial relationship, past or present,

·          that it is in best interests of the child that the relationship continue, and

·         that such visitation will not adversely interfere with parent-child relationship.

Ultimately, the trial court has the discretion to grant or deny visitation regardless of whether or not these statutory criteria for grandparent visitation have been met.

A  District Court cannot order grandparent visitation so long as the Juvenile Court has jurisdiction over the grandchildren. In that circumstance, while the Juvenile Court action is pending, the grandparent must seek relief in the Juvenile Court.

To establish grandparent visitation through Juvenile Court, the grandparent(s) must first file a Complaint to Intervene (become a party) in the Juvenile Court case.  Grandparents can intervene in Juvenile Court proceedings involving their grandchildren as a matter of right. However, any right grandparents might have to visitation while their grandchildren are under the jurisdiction of the Juvenile Court is subject to a showing that such visitation is in the best interests of the children.

Grandparents should also be aware that the Juvenile Court has discretionary authority to award temporary custody to the grandparents upon a finding that they qualify as "reputable citizen[s] of good moral character" or a "suitable family."

Another key point to keep in mind:  a grandparent’s legal capacity to intervene into a juvenile court proceeding and/or request visitation or placement depends on one’s legal status as a grandparent. That status ceases when the parental rights of the parent through whom grandparental status is claimed are terminated or relinquished. In other words, if your child no longer has parental rights, you have no grandparent rights because, in the eyes of the law, you are no longer the grandparent.

Take action early

While grandparents in Nebraska do have certain legal rights, it’s important to take action early. Delay, and you risk the relationship with your grandchild and your legal right to maintain that relationship. The best thing to do is to immediately talk to a lawyer who is experienced in this focused area of the law.