Most likely not. I don’t believe that it has been litigated or a judge has made a decision, but we normally look at a step-grandparent who is married to the biological grandparent of the child, and they as a couple get visits with the grandchild. But I haven’t seen a situation in which a step-grandparent was seeking visitation with step-grandchildren after the step-grandparent was no longer married to the biological grandparent.
Mary Ann Burmester is a family lawyer practicing in Albuquerque, New Mexico and has more than 25 years of experience in family law. To learn more about Mary and her firm, NM Divorce & Custody Law LLC, visit www.nmdivorcecustody.com.
Does a step-grandparent have legal rights to visitation after divorce to grandchildren ?
I WANT TO HAVE LEGAL GRANDPARTENTS RIGHT BUT THERE IS A PROBLEM THE MAN THAT RAISED MY DAUGHTER IS NOT HER LEGAL FATHER BUT WE BEEN TOGETHER FOR 20 YEARS. AND SHE HAD A DAUGHTER AND ALL MY GRANDAUGHTER KNOWS AS A GRAND PARENT IS HIM AND ALSO A DAD WHICH SHE CALLS DOES HE HAVE A RIGHT IF WE BOTH FIGHT FOR GRANDPARENTS RIGHT
If my ex husband divorces his wife which they have custody of my grandchild can she have custody of him?