Q: How can I establish grandparents' rights to see my granddaughter in Nebraska?
I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte and gained temporary custody due to my daughter's mental health issues, I haven't been able to see or communicate with my granddaughter. All my calls have been blocked. In the last court hearing about a month ago, the father was granted child support from my daughter and she was ordered to undergo treatment. Both parents have a history of drug use, which has been a contributing factor to my daughter's mental health issues. I have photos and videos as proof of my previous visitation with my granddaughter. What can I do to establish my rights and see my granddaughter again?
A:
Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.
https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802
It isn't clear from the information in your question if you situation meets the statutory requirements. The burden is on the grandparent to make their case by "clear and convincing" evidence, which is one of the highest civil legal standards to meet. When a grandparent has had a continuous and beneficial relationship with the child, the toughest factor otherwise is often whether the grandparent visitation will interfere with the parent-child relationship. If you and the other parent have had a tumultuous relationship, then sometimes the Court will not order the grandparent visitation time over the parent's objection. When grandparent visitation is granted, it may for far less than what the grandparent requested. For example, a visit once per month is not uncommon.
You stated that the child also lived with you part-time recently. Depending on your situation, an in loco parentis action might be another option for you.
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