Grandparents often want to spend as much time as possible with their grandchildren. Because so many grandparents are facing issues with that subject, Nebraska law offers some rights for grandparents who want to see their grandchildren. These are covered under the Nebraska Revised Statute 43-1802.
What are grandparents' rights?
Grandparents' rights are a way for grandparents to establish a legal right to have visitation rights with their grandchildren. Generally, these rights are asserted when the grandparents feel that the grandchildren would benefit from the relationship. That is one of the criteria that the court uses to determine if grandparents' rights should be granted.
When can grandparents assert their rights?
Grandparents can assert their rights in a variety of cases. If paternity has been established but the parents have never been married, the grandparent might be able to assert their rights. If the parents of the child are deceased, grandparents' rights might be applicable. Also, if the parents are divorced or divorcing, it might be possible to seek grandparents' rights.
How can grandparents assert their rights?
In order for grandparents to assert their rights, they must be able to prove that they have a relationship with the child or that they can have a meaningful relationship with the child. The grandparent must also be able to prove that their relationship with the child won't affect the child's relationship with his or her parents.
There are a variety of cases in which grandparents' rights assertions are valid. Grandparents must determine if their case meets all the criteria for petitioning the court before moving forward with their case.
Source: Nebraska Legislature, "Nebraska Revised Statute 43-1802" accessed Mar. 20, 2015