Nebraska law allows a grandparent to seek court ordered visitation with their minor grandchild under various circumstances. This includes if the child’s parent or parents are deceased, the child’s parents have been or are going through a divorce, or if the child’s parents have legally established paternity, but have never been married.
If one of those circumstances apply, the Court will look at whether or not the grandparent relationship is beneficial to the child. Further, if a significant beneficial relationship exists, or has existed in the past, between the grandparent and the child, the Court will determine whether it would be in the best interests of the child to allow such relationship to continue.
There are many factors that will apply in the Court’s consideration. These may include:
· The child’s age
· The child’s requests
· If the child has asked about the grandparents
· How often the child has seen the grandparents in the past
· Child’s reactions during and after visits
· Special names for the grandparents
The Court will also look to ensure that the grandparent relationship will not interfere with the 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. It is important to note that this applies only to visitation and not custody of a minor grandchild.
If the grandchild is under the jurisdiction of a separate juvenile court or county court sitting as a juvenile court, the process for seeking grandparent visitation is different.
Most importantly, take action early if you are interested in grandparent visitation. While grandparents in Nebraska do have certain rights, if you don’t act early, you may risk the relationship with your grandchild and your legal right to maintain that relationship. We’re here to help – contact us if you have questions about what this process may look like for your family.