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Grandparents in a Divorce: Navigating Legal Rights and Supporting Grandkids

Divorce is a challenging and emotional process, not just for the couple involved but for the entire family, including grandparents, who often play a significant role in their grandchildren’s lives. In Maryland, divorces and grandparent/child relationships are important considerations when making custodial decisions. However, facts and circumstances play a critical role in deciding whether to award  reasonable visitation rights to grandparents. When grandparents of children going through a divorce want to have a role, they need to understand their rights and consider ways to make sure that they are playing a positive role.

Consideration of Grandparents’ Relationship in Custody Decisions

When awarding custody, Maryland courts typically prioritize the child’s best interests, which can include the stability and emotional well-being provided by relationships with extended family members like grandparents. The relationship between the child and their grandparents can be a crucial factor in custody decisions.

Courts may consider the following factors:

  • The emotional bond between the child and the grandparents.
  • The grandparents’ involvement in the child’s life before the divorce.
  • The willingness of the grandparents to provide a stable and loving environment.
  • The parents’ views on the grandparents’ involvement.
  • Any potential disruption to the child’s life and routine.

While considering these factors with regard to grandparents, Maryland courts are also weighing other considerations of the best interests of the child. In the context of a divorce, two living parents are resolving the custodial arrangements for their children, and their circumstances may outweigh the desire of grandparents to have visitation of their grandchildren on the terms that work best for them. In a complex situation like a parent planning to move out of state or the presence of drugs or violence in the parental home, grandparents should consider consulting with a family law attorney experienced in grandparent rights to determine the best approach to obtaining the legal right to remain in the lives of their grandchildren.

Integrating Grandparents into a Custody Agreement

When parents are litigating or negotiating a custodial agreement, the grandparents can be included in the terms. Here are five ways to add grandparents into a custody agreement to ensure that they remain an integral part of their grandchildren’s lives:

  1. Scheduled Visitation

Incorporate regular visitation times for grandparents into the custody agreement. Set specific days and times that allow grandparents to spend quality time with their grandchildren, ensuring consistency and reliability.

  1. Holiday and Special Occasions

Allocate time for grandparents during holidays, birthdays, and special occasions. Sharing these moments not only creates lasting memories for the grandchildren but also strengthens the bonds within the family, fostering a sense of connection and hope.

  1. Communication Plans

Establish communication plans that include video calls, phone calls, and other forms of contact. Regular communication helps maintain the relationship between grandparents and grandchildren, even if they live far apart.

  1. Joint Activities

Encourage joint activities that involve both parents and grandparents, such as family outings, sports events, or educational trips. These activities can foster a sense of unity and cooperation within the family.

  1. Mediation and Agreement

Consider involving a mediator to create a custody agreement acknowledging the grandparents’ importance. A mediator can help facilitate discussions and reach an agreement that benefits everyone involved.

Supporting Grandchildren During a Divorce

Grandparents can provide essential support to their grandchildren during a divorce. Here are three ways they can help:

  1. Offer a Safe and Loving Environment

Ensure that your home is a safe and welcoming place for your grandchildren. Offer them a space where they can express their feelings and find comfort during this challenging time.

  1. Maintain Stability and Routine

Help maintain stability and routine in your grandchildren’s lives by keeping familiar activities and traditions. Stability can provide a sense of security and normalcy amidst the changes brought by the divorce.

  1. Avoid Negative Talk

Refrain from badmouthing either parent in front of the grandchildren. Negative comments can create additional stress and confusion for the child. Instead, focus on offering support and understanding.

Grandparents can play a pivotal role in supporting their grandchildren through a divorce. While their legal rights may vary, their emotional support and involvement are invaluable. By integrating grandparents into custody agreements and providing unwavering support, grandparents can be a crucial source of solace and care for children of a divorce.


Thank you for reading our blog! 

If you need legal representation in Maryland or the District of Columbia, consider contacting Malech Law. With over 25 years of experience, we are committed to providing excellent service to our clients. Our accolades include the 2024 Family Law American Association of Attorney Advocates recognition, being a finalist in the 2024 Best of Bethesda Readers’ Pick for Best Family Law Practitioner, and winning the same award in 2022. We’ve also been honored with the Lawyers of Distinction Award for Excellence in Divorce and Family Law for the past five consecutive years. At Malech Law, we approach every case with respect, empathy, and a dedication to excellence. Contact us today for professional legal assistance.

Visit Malechlaw.com or call (202) 441-2107.

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