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Grandparent Rights Attorneys in Sioux Falls

Helping Foster Relationships Between Grandparents & Grandchildren

Most people would agree that grandparents play an important role in the life of a child and have a positive impact on the child’s life. However, grandparents don’t have the same legal privileges to custody and visitation as parents. At Ver Beek Law, our Sioux Falls grandparents’ rights lawyers can evaluate your situation and explain the rights you may have under South Dakota law.

If you want to learn more about your rights as a grandparent, call (605) 250-2227 for a consultation.

When parents cut off visitation between their children and a grandparent, the court considers several factors in determining whether to award visitation time. In some situations, the court determines that regular visitation is in the best interests of the child. However, in other situations, the court may find that visitation would be detrimental to the relationship between the parents and the child.

Grandparent Visitation Rights in South Dakota

In South Dakota, grandparents do have some legal protections. However, the rights of the grandparent are always secondary to the parent’s rights. There is no guarantee that a judge will award regular visits.

South Dakota grandparents visitation law allows visitation when it:

  • serves the best interests of the child;
  • won’t interfere with the relationship of the parent and child; and/or
  • shows that the parents have not allowed reasonable visitation.

The best interests of the child is an important factor in making decisions about awarding visitation. This is the standard used by South Dakota courts in making all custody and visitation decisions. Our grandparent’s rights attorneys in Sioux Falls work to build a strong case to show that visitation serves the best interests of the child and fosters a strong relationship between the child and their grandparents.

Fighting for Custody of a Grandchild

A court may grant custody to a grandparent in limited situations. The court will not award you custody of your grandchildren, just because you believe you would do a better job or have more resources. Birth parents have the right to raise their own children, unless there is reasonable proof the parents are unfit to do so. In that case, it may be possible for the court to award custody to the grandparent.

In order to seek custody, a grandparent must prove that:

  • the parents abandoned their responsibilities;
  • there is proof parental negligence;
  • a parent forfeited parental rights to someone other than the child’s other parent; and/or
  • parental custody is harmful to the child in another way.

Discuss Your Case with an Attorney

Because this area of law can be complex and outcomes depend so much on the specifics of the individual situation, it is best to get advice from an attorney who is aware of the specifics of your case. Our Sioux Falls grandparent rights lawyers will always give an honest opinion to our clients.

Please contact our law firm today at (605) 250-2227 to discuss your grandparent rights.

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