What Makes the Perfect Grandparent Rights Case?

What makes the perfect grandparents' rights case? Hi, I'm attorney Justin Mosteller. I'm here to talk to you today a little bit about what a perfect case would look like. Let me start off by saying there's no such thing as a perfect case.

Every case has different strengths and weaknesses, and an attorney's job is to emphasize the strengths and to explain away the weaknesses in a case. Focus on the strong points, and argue from there.

But, let's talk about what features might be present in the idealized fictional, perfect case. I think the perfect grandparents' rights case involves a grandchild or children between the ages of six and 12. And I say that because one of the requirements for certain types of grandparents' rights cases requires a strong, continuous, and preexisting relationship between the grandparent and the grandchild.

There needs to be a showing that the denial of contact is contrary to the best interest of the grandchild.

That becomes really simple to do when we've had enough time go by, with a history of contact that has allowed the child to really bond with their grandparents. So, six to 12, it's about perfect because you've got time for that bond to form.

The more continuous and consistent the visitation has been between the grandparent and grandchild, the better. I'd say a grandparent that sees their grandchild once to twice a week is ideal, with the age of six to 12.

And I stopped it off at 12 because after that age, they start getting to the age where they really don't want to spend time with family so much as they want to be out of the house hanging out with their friends. Certainly by 16, a grandparents' rights case becomes very, very difficult to justify.

Between 12 and 16, it's a little bit tougher. It's doable for sure, but it's a little bit tougher. Six to 12 is about the ideal age.

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