What Are Grandparents’ Rights in Divorce?

Divorce disrupts a slew of family dynamics, including the relationships between spouses, their connection to their children… and the ability of grandparents to maintain meaningful relationships with their grandchildren. Maryland law recognizes the importance of these relationships and offers specific avenues for grandparents to seek visitation or custody rights—but if you do not know where to start, taking advantage of these avenues can feel overwhelming. Our Annapolis divorce lawyers at Oliveri & Larsen have years of helping our clients navigate the divorce system and preserve their relationships with their grandkids through the tumultuous separation process. Let us guide you, too.

Can Grandparents Seek Visitation Rights?

Maryland law allows grandparents to petition the court for visitation rights, even if one or both parents object. This right stems from the legal concept of the “best interests of the child,” which means that the court will always consider, first and foremost, how their decision will impact the child’s emotional or developmental well-being.

Therefore, you will need to demonstrate that your presence in your grandchild’s life will benefit them emotionally or developmentally—and if you can show that your relationship with the grandchild has been substantial and ongoing, even better. However, the court does not automatically grant these rights, especially when both parents oppose your involvement.

How Does Custody Work for Grandparents?

Maryland courts permit grandparents to seek custody under certain conditions—including situations that involve neglect, abuse, or substance abuse. Your history with your grandchild, the quality of your relationship, and the extent of your involvement in their upbringing will play a large role in the court’s custody decision. They will also assess the parents’ ability to meet the child’s needs.

You need to demonstrate that taking custody would serve the child’s best interests and protect them from harm, but you may have a strong case if you have good reason to believe that your grandchild’s safety or well-being is at risk.

Can Mediation Help Resolve Grandparents’ Rights Issues?

Mediation often provides a less adversarial way to resolve divorce and separation disputes, including those that involve grandparent rights. By working with a neutral third party, you and the child’s parents can find solutions that preserve family relationships without the need for prolonged litigation, and you can express your concerns, explore mutually beneficial arrangements, save time, and reduce stress overall. In our experience, arrangements reached via mediation often lead to better outcomes for the grandchildren overall.

Protect Your Family Relationships with the Annapolis Divorce Lawyers at Oliveri & Larsen

Courts value consistency and stability in a child’s life, so if you delay getting involved, that gap in time could count against you in the eyes of the court. Acting promptly will allow you to gather necessary evidence, prepare your petition effectively, and consult with experienced legal counsel—like the Annapolis divorce lawyers at Oliveri & Larsen. Call 410-295-3000 or contact us online. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.