Grandparents Sue Own Son for Parenting Time With Grandchild

Many children have strong relationships with their grandchildren. When one of the child’s parents dies, her parents choose to divorce, or she has unfit parents, the grandparents may step in and seek to obtain either legal decision-making authority rights or Parenting Time rights. However, a different kind of situation has played out in one case that is extremely rare, but highlights the importance of Grandparents’ rights.

In that case, grandparents of a 16-year old girl sued the girl’s parents, including their own son, to obtain court ordered Parenting Time rights. According to court documents, the girl had lived with her grandparents for a year and a half while her father served time in jail for a drug conviction. When he was released, the father became convinced his parents had turned him in and he refused to allow the grandparents to see the child.

The court held in favor of the grandparents, ordering the parents to allow grandparent Parenting Time on birthdays, Easter, Grandparents’ Day, days over the Christmas and Thanksgiving holidays, and five days during the summer. Despite the court’s ruling, the parents claim the decision interferes with the parent-child relationship.

While this is a rare case, grandparents’ rights cases are common. Whether the issue arises from a divorce, a death, or an unwillingness to allow Parenting Time, an Arizona family law attorney may be able to help grandparents obtain the quality time with their grandchildren they deserve. If the case cannot be resolved through mediation, a judge will make a decision based on the best interest of the child and the child’s needs. An attorney can help the grandparents make an argument for why they are important in the child’s life and how the child will benefit from continued contact.

Children need love and support physically, emotionally, and financially. When grandparents are a source of those things they should be able to maintain contact with their grandchildren. An experienced attorney will work vigorously in attempt to make that happen.

Source: The Dickinson Press, “N.D. grandparents sue son to see grandkids in ‘unheard of’ lawsuit,” Emily Welker, Aug. 26, 2013