GRANDPARENTS' RIGHTS ATTORNEYS
IN OMAHA, NEBRASKA

At Abrahamson Law Office, we understand the bond between grandparents and grandchildren is often profound and meaningful. However, in some situations, grandparents may face challenges in maintaining that relationship due to contentious family dynamics.

When issues arise regarding visitation or custody rights, it is essential to have knowledgeable legal representation to protect your interests as a grandparent.

Nebraska law acknowledges the important role grandparents play in their grandchildren's lives, especially in circumstances where the parents may be unable or unwilling to maintain a strong relationship with them. Our family law attorneys are here to help you understand your rights as a grandparent and make sure your voice is heard.

Understanding Grandparents' Rights in Nebraska

Nebraska law allows grandparents to seek visitation rights and, in certain scenarios, even custody of their grandchildren. Under Nebraska Revised Statute § 43-1802, grandparents may petition the court for visitation rights in specific circumstances. The court considers various factors when evaluating such petitions, including:

1. The existing relationship with the grandchild: The court looks at the emotional bond that exists between the grandchild and the grandparent. Demonstrating that you have been actively involved in your grandchild's life can be crucial to your case.
   

2. Parental fitness: If the child's parents are deemed unfit or have neglected their responsibilities, the court may grant visitation to the grandparents in the best interest of the child.
   

3. Best interest of the child: The primary consideration in any legal decision involving children is their welfare. The court weighs whether allowing visitation is conducive to the child’s overall happiness and well-being.
   

4. Significant changes in circumstances: If there have been significant changes in the household or family dynamics—such as divorce, death, or abuse—this may factor into the decision-making process for visitation rights.

While Nebraska law offers a pathway for grandparents to obtain visitation rights, the various petitions and legal proceedings can be fraught with emotional challenges. Our firm is committed to helping you understand the nuances of these laws and how they may apply to your situation.

Custody Rights for Grandparents

In certain circumstances, grandparents may seek custody of their grandchildren, particularly in situations where the parents are unable to provide a stable or safe environment. Nebraska law considers grandparent custody under specific conditions, as outlined in Nebraska Revised Statute § 43-1811. To be awarded custody, grandparents must show that:

1. The parent(s) are unfit: If both parents are deemed unfit due to issues such as addiction, neglect, or abuse, this may pave the way for the court to award custody to the grandparents.
   

2. A significant bond exists with the grandchild: Similar to visitation petitions, courts weigh the existing relationship between the grandparents and the grandchildren. Proving that you have played an important role in your grandchild's upbringing can substantiate your claim for custody.
   

3. Custody serves the child's best interest: Ultimately, the court's decision will be determined by the child’s best interests, including their emotional and educational needs.

At Abrahamson Law Office, we will work closely with you to gather compelling evidence and documentation to support your case for pursuing custody of your grandchild.

How Can Our Firm Help?

Grandparents' rights can be complex, especially when family dynamics are involved. At Abrahamson Law Office, our attorneys have the experience and ability to help you through every step of this challenging journey. Some of the services we offer include:

• Personalized legal strategies: Every family situation is unique, and so is our approach. We take the time to understand your specific circumstances, goals, and concerns. By doing so, we are able to develop a tailored legal strategy that aligns with your needs.
  

• Compassionate advocacy: We understand grandparents' rights can be emotionally charged. Our firm’s empathetic approach allows us to advocate for your rights while considering the emotional well-being of your family. We strive to foster a collaborative environment, focusing on solutions rather than conflict.
  

• Comprehensive preparation: Building a strong case for grandparent custody or visitation rights requires considerable preparation. Our attorneys will help you collect relevant documentation, including any previous agreements, evidence of your relationship with the grandchild, and details about the parents' circumstances to present a compelling argument in court.
  

• Mediation and alternative dispute resolution: In many instances, mediation can provide an effective path for resolving disputes. We can help facilitate discussions between all parties involved and help reach agreements without going to court. This can often lead to more amicable solutions and preserve family relationships.

Grandparents' Rights FAQ

What should I do if my visitation rights are denied?

If your visitation rights are denied, it is crucial to speak with one of our experienced attorneys. We can help you evaluate the situation, determine the best course of action, and help you file a petition to enforce your rights or appeal the decision.

Can grandparents obtain custody if the parents are still alive?

Yes, in specific situations where the parents are unfit or have abandoned the child, grandparents can seek custody. The court will assess the circumstances and determine what is in the child's best interests.

How long does the process take to gain visitation or custody rights?

The timeline for gaining visitation or custody rights can vary significantly and depend on several factors, including the court's schedule, the complexity of the case, and whether a resolution can be achieved through mediation. An experienced attorney can provide you with a more realistic timeline based on the specifics of your situation.

What if the child's parents do not agree with my request for visitation?

If the child’s parents dispute your request for visitation, the matter may require court involvement. Our firm is prepared to represent you throughout the legal proceedings to advocate for your rights and interests.