Currently, because life expectancy is longer since both men and women work outside the home, grandparents are very important, who sometimes spend even more time with their grandchildren than their own parents.
Starting from that base, there are times when those relationships with the grandchildren get twisted, because; What happens if the parents separate? or if even one of them dies?, where do the grandparents stay then? what right do they have regarding their grandchildren?
In this article, we want to resolve a little the doubts that may arise in this situation.
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The right of the grandparents
When the parents are separated or even as we said before, one of them dies, it can be that the grandparents have difficulties to see their grandchildren. In these cases, grandparents can also claim their rights judicially.
We find ourselves with assumptions in which grandparents who were in the company of their grandchildren even on a daily basis, that is, they looked after and educated them daily, they were snatched from their company.
They have the right to see their grandchildren both this type of grandparents, as well as those who see their grandchildren on weekends or even those who have not been able to get to know them because of disagreements with their parents.
The process to claim this right
To claim the right contained in the previous article, the grandparents have the possibility of filing a claim demanding a regime of visits with their grandchildren.
In the trial that takes place after the filing of this claim, the judge can give them the reason or not in the case that there is a just cause.
We have a just cause when it harms the development and mental and physical health of the child, which should be considered the maximum interest to protect.
There is a recent sentence issued by the Supreme Court, ruling on a pronouncement of the Provincial Court, precisely Seville, which denied visits between grandparents and grandchildren, alleging the existence of bad relationships with parents. Well, according to the Supreme Court, these bad relationships cannot be considered a just cause, since it would be left to one of the parties to establish this right. It would be enough for the parent to claim a bad relationship with the grandfather to prevent the exercise of this right.
The assessment of the circumstances
It is important in this type of procedure, that a report be issued by the Psychosocial Team assigned to the Court, so that they decide on which is the most appropriate visit regime in each specific case, so that they value all the circumstances. In other cases, the issuance of such report is not necessary, since the judge may consider that it is not necessary, either because there is an agreement between the parties, or because of the age of the minors, who can be listened to after the age of 12. or earlier if they have sufficient maturity, according to the judge’s criteria.
As for the procedure itself, it ends by means of a resolution that the competent Court of First Instance will dictate, which will determine whether or not a visiting regime should be granted in favour of the grandparents, explaining which is the recommended visit regime in each case, taking into consideration aspects such as: the age of the minors, the relationships existing before the break or if there was never any relationship, if the parents are divorced, in which case the visiting regime of the parent who does not coexist must be taken into consideration with the minor, etc.
The visiting scheme
The visitation regime should be adapted to the personal circumstances of the parties. That is, take into account the age of the child, including grandparents, if it is advisable to spend the night.
The ideal visit regime that grandparents can get is one weekend a month from Friday to Sunday, two days at Christmas (never at designated parties), two days at Easter and one week in summer. A regime of more restricted visits would be a weekend a month, for a few hours, two days at Christmas, gift at Easter and two in summer, all without grandchildren sleeping with their grandparents.
Today, we face a right in favour of grandparents that is very controversial in the Courts. In spite of that, the Judges try to find a balance that protects the psychological development of the minors and guarantees the relationship of the same with their grandparents.
Is it worth to hire a lawyer?
The first thing to ask yourself is whether the lawyer is, or not required …
There are issues in which it is not necessary to hire a lawyer. For example, judicial matters for small crimes (this is what was previously called “faults” and now “minor offenses”).
In these types of cases, for example, it is not mandatory that you bring a lawyer to assist you. Nor is it mandatory to hire a lawyer for a divorce (although in this case, if you do not, you cannot defend yourself …).
In cases where the lawyer is not required … Would it be advisable to hire a lawyer?
It depends. The lawyer you hire will ask you to pay his fees. In return, you will be sure that you are assisted by a professional who knows what to do.
What do you prefer? Pay something and be sure that the problem will be solved in the best possible way or save your money and have many doubts?
Not hiring a lawyer means that you will face yourself only in an unknown situation and that, consequently, it will generate fear and, probably, less chance of you winning the matter.
Although the choice, of course, can only be yours, we recommend you ask yourself if, in case you were to parachute yourself, you would do it without the help of an instructor or, in case you find out that you have an illness, if you would dare to medicate without the specialist telling you what medication to take.
Here at RS Chase Lawyers we will offer the assistance you require in order to improve your decisions on a daily basis and we will also offer you the protection you need in order to keep developing your business without any external issues.