No divorce can come between the special bond of a grandparent and a grandchild. As much as Nebraska divorcing couples share parenting time, visitation rights extend to grandparents if they are in the child’s best interests.
Conditions permitting grandparent visitation
Under Nebraska law, grandparents are typically not granted custody. Even if grandparents have the means to provide a healthy and safe environment, seeking custody of their minor grandchild may be challenging. So, they must prove the parents are unfit due to these grave circumstances – convicted of a crime, suffering from alcohol or drug abuse, and incapacitated or diagnosed with a severe illness.
If the grandparent still loses the custody battle against the minor child’s biological parents, they may seek to visit their minor grandchild under the following conditions:
- The minor child’s parent or both parents are deceased
- If the minor child’s parents have never been married, but established legal paternity exists
- Marriage dissolution of the minor child’s parents is effective, or filed and with a pending decision
The Nebraska court requires clear and compelling evidence to establish that there is currently or previously a beneficial relationship between the grandchild and the grandparent and that continuing the valuable relationship serves the child’s best interests. Additionally, this said relationship must not adversely impact the parent-child relationship.
The court eventually decides on granting or denying grandparent visitation based on the best interest standard.
It’s all about the child
Child visitation is a series of compromises among adults for the child’s future. Suppose you’re a grandparent who genuinely believes it is within your grandchild’s best interests to live or spend considerable time with you. In this case, it would help to have a legal team working with you toward a strategic course of action on how to present your case in court.