GRANDPARENT VISITATION RIGHTS

Who has grandparent visitation rights?

A grandparent of a child born to unmarried parents

A grandparent of a child where the parents are divorced or seperated

A grandparent of a child where one parent is deceased

How does a grandparent visitation case work?

A Petition for Grandparent Visitation is filed in the Probate and Family Court. It is preferable to show a history of a relationship and regular contact between the grandparent seeking visitation and the child but it is not required. However, it must be shown that visitation with the grandparent would be in the child’s best interests for the Court to order such visitation.

What can Attorney Ellis do for me?

Attorney Ellis can represent either the grandparents seeking visitation with their grandchildren or the parent seeking to prevent visitation with their children. She will explain to you in depth what your legal options are and how they apply to your case. Attorney Ellis will help you make important decisions about the case and navigate the often confusing and frustrating court process. She will assist you in obtaining the best result possible for your particular situation. Whether at a Motion Hearing on a particular issue or at a full Trial on all the issues, Attorney Ellis will attempt to negotiate an agreement that works for you and serves the best interests of your child. If an agreement cannot be reached she will zealously argue your position in front of the Judge so a decision can be made. She will be available to answer all of your questions and concerns. She will deal with the other party or the other party’s attorney throughout the court process so you don’t have to.

What will a grandparent visitation case cost me?

Attorney Ellis offers free phone consultations where she will evaluate your particular case and what it will cost. Attorney Ellis will require a “retainer” to start the case. A retainer is a lump sum of money which is determined on a case by case basis. The retainer is held in a special client funds bank account. Funds are billed from the retainer for work that is completed on your case on a monthly basis. If the case is not completed before the retainer is exhausted, a second retainer is needed. Any money in the retainer that is not used at the completion of the case is returned to the client. The hourly rate and amount for the retainer will depend on the particular issues in the case but also depends on the number of contested issues, the complexity of issues, the contentiousness of the parties and other factors. During a free consultation, Attorney Ellis will assess your case and discuss the hourly rate and retainer needed to start work on the case.

What if I cannot afford a large retainer but I still need help?

In certain circumstances Limited Assistance Representation (LAR) is available. LAR is a new initiative in Probate in Family Court which allows a party to hire an attorney on a limited basis to help with a part or parts of a case. The attorney and party negotiate what part or parts of a case the party needs help with and what the cost will be. The attorney handles the part(s) the client wants them to and the client handles the rest. Often times a flat rate can be used for each part. The rate will depend on the particular issues in the case but also depends on the number of contested issues, the complexity of issues, the contentiousness of the parties and the attorney’s responsibilities. During a free phone consultation, Attorney Ellis will assess your case and discuss whether LAR would be available for you. For more information on LAR (click here)