August 7, 2018 | Divorce, Family Law

As with most issues in law the answer to the above question is: it depends. Sections 43-1801 through Section 43-1803 of the Nebraska Revised Statutes give certain individuals the right to petition the Courts in Nebraska for visitation time with their grandchildren.

1. Who is a “grandparent” under the statute?

Under Neb. Rev. Stat. 43-1801 a grandparent is defined as “the biological or adoptive parent of a minor child’s biological or adoptive parent.”  In clearer terms, it is the parent (adopted or biological) of the parent of the grandchild (biological or adoptive) at issue.

2. When can a grandparent seek visitation with his or her minor grandchild?

Neb. Rev. Stat. 43-1802 lays out specific conditions under which a grandparent may seek visitation with her minor grandchild: (1) if the child’s parent or parents are deceased; (2) if the marriage of the child’s parents has been dissolved[1]; and (3) if the parents of the minor child have never been married but paternity has been legally established.

If a grandparent’s situation falls within one of those categories they may request visitation from the Court in the district court in the county in which the minor child resides. So, if a grandchild resides in Sarpy County, a grandparent seeking visitation of that grandchild would file a petition in the District Court of Sarpy County.

3. When does the Court order Grandparent Visitation?

There is a three part test within the statute that the Court will use: (1) whether a significant beneficial relationship exists between the grandparent and the child; (2) whether it is in the best interests of the child that such a relationship continue; and (3) making sure such visitation will not adversely interfere with the parent-child relationship.  It is the petitioning grandparent’s burden to establish these three factors by clear and convincing evidence.

The first two factors are fact specific and largely depend on a pre-existing positive relationship with the minor child. For example, a grandparent seeking visitation with a minor child they have been extensively involved with throughout their life is in a much better position to carry their burden than a grandparent who only sees the minor child once each year. The third factor depends on the ability of the grandparent to exercise visitation in a manner that does not do harm to the parent’s ability to parent the child. Frankly, if a grandparent is seeking visitation, it is in their interest to make sure their relationship with the child’s parent(s) is as cordial as possible.

If you are interested in seeking Grandparent Visitation, please contact us at 402-933-3345.

Grandparents visitation rights in Omaha NE

[1] This includes whether a dissolution of marriage action has been filed, but no Decree has been entered. More succinctly, if the parents have filed for divorce, but the case has not reached its conclusion yet.