How to get visits regime for grandparents

Any judicial process related to family law, as well as divorce, modification of measures or the establishment of a visitation regime for grandparents, decisions are made taking into account the interest and development of the child. That is why the measures adopted by the judge are not always adjusted to what adults ask, but it does so according to the minor's circumstances. If you want to know how to get visitation for grandparents, do not keep an eye on this article.

Grandparents are entitled to the visitation regime

Popularly, it is much better known that divorced parents can request a specific visitation regime about their children. It should be noted that the grandparents also have the right to request it as this is granted by the Civil Code.

Normally, the grandparents request a regime of judicial visits is given because the relationship with the children is not good. For this, they have different legal mechanisms:

  • In the event that the parents of the minor have not been divorced, the grandparents can file a lawsuit in court and request an agreement to establish a satisfactory visitation regime.
  • If the parents of the minor are in the process of divorce, the grandparents can exercise their right by incorporating a clause in the same divorce regulatory agreement that is being negotiated to provide for a visitation regime. This should determine which days can visit your grandchild and for how long, always taking into account the interests and activities of the child. You can never put the interests of adults before those of the child.
  • In case the differences between the parents and the grandparents to see the grandchild arise after the signing of the agreement, they can request, judicially, the signing of a new one. This will serve to regulate, only, the regime of visits of the grandparents, without being able to serve as an excuse to change other conditions that affect the relations between the parents and the child, such as the alimony, the compensation or the type of custody they enjoy.

Denial

In order to apply for the visitation system, it is necessary to file a claim in the court of first instance of the locality where they reside and it will be processed through a verbal trial.

During the judicial process, the judge will assess the conditions of the minor and the relationship he has with his grandparents. Depending on the conclusions you draw, you will approve a visitation regime or deny it.

Whenever the judge decides his refusal, it must be based on a just cause, that is, analyzing the reasons for the denial for the benefit of the minor.

Types of visits regime

The visiting regime can count on different degrees of permissiveness . In this way, the judge can decide that grandparents enjoy a broader or more restrictive regime depending on the minor's circumstances, as well as their maturity or that their relationship is good and fluid.

As a general rule, it will not be established that grandchildren can sleep in grandparents' homes if they are babies, since they need the attention and care of their parents.

During your childhood, you can not establish a period of visits that involves a long time without the guardianship and company of the parents, although that does not mean that they can not stay to sleep at the grandparents' house at any time.

Grandparents can request to spend some days with their grandchildren during school vacations. Normally it is not allowed to spend the designated days of the Christmas holidays with the grandchildren, since these days are reserved for the parents to enjoy.