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Can a grandparent go to court for an order granting visitation with his or her grandchild?

Can a grandparent go to court for an order granting visitation with his or her grandchild?

Full question:

My son and I don’t really share a good relationship. He doesn’t even let me see his kids. I do miss having my grandchildren around sometimes. Can I go to court for this? Please advise.

Category: Divorce
Subcategory: Visitation
Date: 04/07/2025
State: West Virginia

Answer:

Yes, you can go to the court and ask for an order for letting you meet your grandchildren. There is a law in West Virginia in this regard, which says that the grandparents can apply for visitation rights.

W. Va. Code § 48-10-301 reads:

“A grandparent of a child residing in this State may, by motion or petition, make application to the circuit court or family court of the county in which that child resides for an order granting visitation with his or her grandchild.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is depleted grandmother syndrome?

Depleted grandmother syndrome refers to the emotional distress and feelings of loss experienced by grandmothers who are unable to maintain relationships with their grandchildren. This can occur due to family conflicts, such as a strained relationship with the child's parents. The syndrome highlights the psychological impact of being excluded from a grandchild's life, leading to feelings of sadness and isolation. Seeking visitation rights, as allowed under West Virginia law, can be a way for grandmothers to reconnect with their grandchildren and alleviate these feelings.

How do you deal with uninvolved grandparents?

Dealing with uninvolved grandparents can be challenging. Open communication is key; discuss your feelings and concerns with them. Encourage them to be more involved by suggesting activities or visits. If the relationship remains distant, consider setting boundaries that protect your family's needs while allowing for potential future engagement. If necessary, legal options for visitation can be explored, especially if the grandparents wish to maintain a relationship with their grandchildren.

What to do when your son won't let you see your grandchildren?

If your son is preventing you from seeing your grandchildren, consider discussing your feelings with him to understand his perspective. If direct communication doesn’t help, you may want to explore legal options for visitation rights. In West Virginia, grandparents can petition the court for visitation under W. Va. Code § 48-10-301. It’s advisable to consult with a family law attorney to understand your rights and the best course of action.

What to do about uninvolved grandparents?

If grandparents are uninvolved, consider initiating a conversation about their relationship with the grandchildren. Share your thoughts on the importance of family connections. You might also suggest specific activities or visits to encourage their involvement. If they remain uninvolved and it affects the grandchildren, you may need to assess the situation and determine if legal action is necessary to facilitate a relationship, particularly if the grandparents wish to be more active in their grandchildren's lives.