Grandparents’ Rights Attorney in Providence

Aggressive Family Law Advocacy for Rhode Island Grandparents

When a divorce, a parent’s death, or a family conflict cuts you off from your grandchildren, Rhode Island law provides a legal path forward. Petitioning the Rhode Island Family Court is often the only remedy available, and the process requires satisfying specific statutory findings before a judge can grant visitation or custody. I’m Steven G. Wright, Esq., a Providence family law attorney at D’Alessandro & Wright, and I handle grandparents’ rights cases with the same aggressive advocacy I bring to every custody and visitation matter I take on.

Grandparents don’t have an automatic right to see their grandchildren under Rhode Island law. Parents hold a legal presumption that their decisions about access are reasonable, and it falls on you to rebut that presumption. Knowing which statute applies to your situation and building a record that meets the court’s threshold is where legal representation makes a real difference.

Call me at (401) 287-4734 to schedule a free initial consultation. I can review the facts of your situation and explain your options under Rhode Island law.

Rhode Island’s Three Grandparent Visitation Statutes

Rhode Island doesn’t apply a single rule to every grandparent visitation case. Three separate statutes govern these petitions, and which one applies depends on your specific circumstances.

R.I. Gen. Laws §15-5-24.1: When Your Child Has Died

If your own child has passed away, you may petition the Family Court for visitation with your grandchild under §15-5-24.1. This statute doesn’t require that a divorce or custody proceeding ever existed. It gives bereaved grandparents a standalone pathway to seek court-ordered access.

R.I. Gen. Laws §15-5-24.2: During a Divorce Proceeding

If your grandchild is a child of a marriage currently in divorce proceedings, §15-5-24.2 allows you to petition for reasonable visitation rights within that same proceeding. Timing matters here. Filing within the divorce case rather than as a separate action is often the more efficient route.

R.I. Gen. Laws §15-5-24.3: The General Visitation Statute

Outside those two scenarios, §15-5-24.3 is the applicable statute. It carries the most demanding threshold: before granting visitation, the court must make five specific findings and set them out in writing.

The Five Required Findings Under §15-5-24.3

A general grandparent visitation petition requires the court to find each of the following before it can issue a visitation order:

• Best interests of the grandchild: visitation serves the child’s best interests
• Fit and proper person: you are a fit and proper person to hold visitation rights
• Attempted contact: you made repeated attempts to visit in the 30 days before filing and were denied as a direct result of the parents’ actions
• No alternative remedy: there is no way to visit without court intervention
• Rebuttal of the parental presumption: you have overcome, by clear and convincing evidence, the presumption that the parent’s refusal was reasonable

Clear and convincing evidence is a high legal burden. Courts have upheld a parent’s refusal as reasonable even when the grandparent previously had a close relationship with the child. Once the Family Court grants visitation, it can issue all orders necessary to enforce it, and you’ll receive notice of any future petition seeking a change in custody or visitation.

When Visitation Isn’t Enough: Custody & Guardianship

Some situations call for more than a visitation order. When one or both parents are deceased, incapacitated, or found unfit by the court, you may be able to petition for full or partial custody or legal guardianship of your grandchild. Guardianship confers legal rights and responsibilities for the child’s upbringing, a significantly broader grant than periodic visitation.

The best-interests-of-the-child standard governs these petitions just as it does visitation cases. The court can examine the stability of your home environment and the existing relationship between you and your grandchild. Custody and guardianship proceedings are more complex than a visitation petition and are typically litigated rather than resolved by agreement, which makes having experienced legal representation critical from the start.

Why Providence Grandparents Work With Me

My practice is focused on family law. I handle child custody, visitation, and grandparents’ rights cases at the Rhode Island Family Court, guided by three principles: clients come first, advocacy is aggressive, and the focus is on results. Clients have noted my availability for personal communication, my ability to explain court procedures in plain terms, and my composure in the courtroom.

In 2014, I was ranked in the Top 10 Family Lawyers by the National Academy of Family Law Attorneys and have received the Client Satisfaction Award from the American Institute of Family Law Attorneys. Grandparents’ rights cases combine contentious family dynamics with a demanding legal standard. I’m attentive to the emotional weight of what you’re going through, and I’m relentless in pursuing the legal remedy you may be entitled to seek.

Schedule a Free Consultation

If you’ve been denied access to your grandchildren in Providence or anywhere in Rhode Island, don’t wait to understand your options. The 30-day contact requirement under §15-5-24.3 means the timeline for your petition may already be running.

Contact Steven G. Wright, Attorney at Law by phone at (401) 287-4734 or through the online contact form to schedule your free initial consultation. I can tell you which statute applies to your situation and what it can take to build the strongest case possible.