Grandparents & Grandchildren’s visitation rights

Sometimes, after the separation of the parents or even after the death of one of these, the grandparents find it difficult to see their grandchildren. Our expert lawyers of the Pérez Parras Economists & Lawyers Firm in Málaga and Nerja help our clients with their family problems, with situations that require a judicial solution, or to seek family agreement.

There are grandparents who have been the usual caretakers of their grandchildren for a while and overnight have been deprived of any kind of relationship with them. There are also grandparents who, as a result of family conflicts, have not come to know their grandchildren. Some of our clients in Malaga, Nerja and La Axarquía have come to this office of lawyers and economists to defend their rights in these situations.

At this point, we ask ourselves:

Do grandparents have any legal protection to be able to see their grandchildren regularly?

The law recognises the right of grandparents to interact with their grandchildren and also the right of these children to grow with their grandparents. Grandparents in this situation may file a claim for a regime of visits with minors. This claim can be granted or denied in a Court of Law.

Can a judge deny the visitation request?

In principle, a judge may deny this request only when there is just cause. There is just cause when anything harms the development, mental and physical health of minors. Minors should be identified as the worthiest of protection. In any case, the bad relations of the grandparents with the parents will not be considered as just cause. This is endorsed by the Supreme Court.

The procedure initiated by the grandparents will end with a judgement. It will determine whether or not a visitation regime is granted in favour of the grandparents. A positive decision will specify a suitable schedule of visits for the particular case.

Will be taken into account:

• the relationships existing before the breakup,
• if there is another non-custodial parent visit regime,
• or the child’s age.

Additionally, the visitation arrangements may or may not include the children’s overnight stay at the home of their grandparents or even a progressive arrangement.

Visiting schedule:

The visiting schedule may be restricted, and will specify, for example:

• one weekend per month,
• a few hours,
• a couple of days at Easter,
• two extra days in summer and two days at Christmas, but without overnight stay.

A broader visit regime would consist of:

• one weekend per month, with overnight stay,
• two days at Easter,
• two days at Christmas, which will never coincide with special dates
• and one week in summer.

In our opinion, and under normal circumstances, we agree that the relationship between grandparents and grandchildren is essential for the education of the latter. Grandparents offer stability during family breakdowns, they transmit experience and wisdom, and, without a doubt, the benefit is mutual.

Do not hesitate to consult our office of Economists & Lawyers in Malaga and Nerja.  We offer legal assistance in matters of conflict resolution within the family. Therefore, if you find yourself in this situation and need our help, do not hesitate to consult us and we will look into your case in detail.