Grandparents’ Rights in Warwick
When families experience separation, divorce, or custody disputes, it is not just parents and children who are affected. Grandparents often play a profound and stabilizing role in their grandchildren’s lives, offering emotional support, care, and a connection to family history. However, when parental relationships break down or one parent restricts access, grandparents may find themselves unexpectedly cut off.
In Rhode Island, grandparents have specific rights, but asserting those rights requires strong legal representation. At the Law Office of Brett V. Beaubien, LLC, Warwick family law attorney Brett Beaubien is determined to help grandparents preserve their relationships with their grandchildren. Call us today to receive dedicated grandparents’ legal assistance in Warwick.
What are Grandparents’ Rights in Rhode Island?
Grandparents’ rights are not automatic. In Rhode Island, courts recognize that parents generally have the constitutional right to make decisions about their children’s upbringing. This includes deciding who their children spend time with.
However, Rhode Island law also acknowledges that maintaining a meaningful relationship with grandparents can serve the best interests of the child, particularly in cases where the family unit has been disrupted by divorce, death, or estrangement.
Under Rhode Island General Laws § 15-5-24.3, grandparents may petition the family court for visitation rights if certain conditions are met. The court’s ultimate goal is always the welfare of the child, and that principle guides every decision.
Warwick grandparents’ rights attorney Brett Beaubien’s approach begins with understanding each client’s family dynamic, then building a strategy rooted in both legal precedent and compassion.
When Can Grandparents Seek Visitation in Warwick?
A grandparent in Rhode Island can file a petition for visitation when specific circumstances apply. The law permits this when:
- The parent of the grandchild is deceased.
- The grandparent can demonstrate that they had a substantial relationship with the grandchild before being denied contact.
- The parent or guardian has unreasonably denied visitation for at least 30 days.
- Grandparents’ visitation in Warwick is determined to be in the best interests of the child.
Child custody lawyer in Warwick, Brett Beaubien, helps grandparents gather the necessary evidence to support these claims, such as photographs, communication records, testimony from family members or teachers, and other proof showing the depth and importance of their bond with the child.
Warwick’s “Best Interests of the Child” Standard
Rhode Island courts are guided by the best interests of the child in all custody and visitation matters. When a grandparent petitions for visitation, the court evaluates several key factors, including:
- The child’s relationship with the grandparent before visitation was denied.
- The reason for the denial by the custodial parent.
- The mental and physical health of both the grandparent and the child.
- The potential impact of visitation on the child’s emotional and psychological well-being.
- Whether visitation would interfere with the child’s relationship with their parents.
Attorney Beaubien’s goal is to help grandparents present their cases respectfully and effectively, showing the court that their involvement is beneficial and aligned with the child’s best interests.
Proving a “Substantial Relationship”
One of the most critical aspects of a grandparents’ rights case is proving that a substantial relationship exists between the grandparent and the grandchild. This does not mean occasional visits or phone calls; it means consistent, meaningful contact that has contributed positively to the child’s life.
What Courts Look For
Family courts in Warwick may consider whether the grandparent:
- Provided regular childcare or financial assistance.
- Participated in school events, medical appointments, or extracurricular activities.
- Maintained ongoing communication through calls, letters, or visits.
- Played a parental or mentorship role during times of family stress or transition.
Attorney Beaubien works closely with clients to compile the evidence needed to demonstrate this relationship, including witness statements, photographs, and records of communication or shared activities.
When Parents Object to Grandparent Visitation
It is common for one or both parents to resist or challenge a grandparent’s request for visitation. Courts must respect parents’ constitutional rights while also considering the child’s welfare. If a parent objects, the grandparent must show that denying visitation would harm the child emotionally or psychologically.
Warwick grandparents’ rights lawyer Brett Beaubien approaches these cases with sensitivity, focusing on resolution through negotiation when possible but prepared to advocate vigorously in court if necessary. His experience in both trial and appellate practice ensures that his clients’ positions are presented strongly at every stage.
Grandparents’ Custody Rights in Warwick
In rare but significant cases, grandparents may seek custody of a grandchild rather than visitation. This typically occurs when neither parent can provide a safe or stable environment due to issues such as substance abuse, neglect, incarceration, or abandonment.
Filing for Custody as a Grandparent
To pursue custody, a grandparent must demonstrate that:
- The parents are unfit or unable to care for the child.
- Living with the grandparent would serve the child’s best interests.
Rhode Island courts do not grant custody to grandparents lightly, but they do recognize that children need stability and safety above all else. Attorney Beaubien helps grandparents navigate this difficult process, ensuring all required evidence and legal arguments are diligently prepared. He understands the emotional and legal weight of these cases and provides unwavering support from start to finish.
Adoption and Guardianship Issues in Warwick
Beyond visitation and custody, grandparents may sometimes wish to pursue guardianship or adoption when it becomes clear that long-term care is needed. Guardianship allows grandparents to make decisions for the child while parental rights remain intact, while adoption permanently transfers parental rights to the grandparents.
Each path has distinct legal implications, and Attorney Beaubien guides clients through the process with precision. From petition preparation to court representation, he ensures that grandparents fully understand their rights, responsibilities, and the long-term effects of each option.
Get Our Trusted Warwick Grandparents’ Rights Attorney on Your Side
Warwick family court attorney Brett Beaubien’s practice is built on personalized, one-on-one representation. He takes the time to understand each family’s story, tailoring his legal strategy to achieve the best possible outcome under the law.
If you are a grandparent in Warwick who has been denied access to your grandchild or believes your presence is vital to their well-being, attorney Beaubien is dedicated to helping you maintain the meaningful bond you share with your grandchild. To schedule your free consultation, call the Law Office of Brett V. Beaubien, LLC at (401) 246-8579 or contact us online.
Other Practice Areas
Contact The Law Office of Brett V. Beaubien today to get started with our Providence appeals attorney.