Nebraska law allows grandparents to seek visitation with their grandchildren under very specific circumstances. A grandparent may seek visitation if the grandparent is the biological or adoptive parent of the grandchild’s biological or adoptive parent, and if:
- The grandchild’s parent or parents are deceased;
- The grandchild’s parents are divorced or are currently in the process of divorcing; or
- The grandchild’s parents were never married, but paternity has been legally established.
A grandparent must prove that a significant beneficial relationship between himself or herself and the minor child exists or has existed. This could mean that the grandparent and grandchild had a regular and continuous relationship since the grandchild’s birth, or that the grandparent and grandchild presently have a close relationship. Grandparent visitation must be found to be in the best interests of the grandchild in order for visitation to be ordered. Lastly, the grandparent visitation cannot negatively interfere with the parent-child relationship.
However, a grandparent may not seek visitation if his or her child’s parental rights to the grandchild have been terminated. Termination of a parent’s rights also terminates the grandparent’s visitation rights.
Legal knowledge, the right experts, and experience matter when navigating a grandparent visitation case efficiently, while controlling legal fees. Contact our office to schedule a consultation to discover how our legal team at Koenig │Dunne can protect your rights to visitation with your grandchild.