Articles

Grandparent visitation rights and the visitation rights of other nonparents did not exist more than 40 years ago. Visitation rights, in fact, only applied to the parents of a child. Today, every state has created statutes to govern the visitation rights of grandparents and others, such as a foster parent, a caregiver, or a stepparent. These visitation laws allow grandparents and others the legal right to visit a child. State Rights Each state has incorporated statutory guidelines for granting visitation rights to grandparents. The intent of granting grandparent visitation rights is to allow grandparents to maintain contact with grandchildren. In […]

When the parents of your grandchildren have a troubled relationship, you will, of course, be concerned about your child, but you should also be concerned about the possibility of losing contact with your grandchildren. In the event of a divorce or other broken relationship, you may have to resort to mediation or even a lawsuit to secure your grandparents visitation rights. Since the Supreme Court case of Troxel v. Granville the grandparents have had the burden of proving that visitation with them is in the “best interest of the child.” One way to prove this is by documenting an extensive […]

Grandparents rights are becoming a huge issue in our society. Not only are more grandparents today taking on the responsibility of their grandchildren, but more grandparents are petitioning the court for grandparents visitation rights and winning visitation rights and/or custody of their grandchildren. It is often a difficult struggle but being informed is their best weapon in this fight. Further, more grandparents are becoming educated with strategies and information about how other grandparents are winning custody and visitation rights in the family courts. Despite what some folks will tell you, grandparents do have legal rights to see their grandchildren in […]

Grandparents should consider visitation rights as soon as they learn of a divorce, and should begin preparing their case for grandparents visitation immediately. In some cases, extended family members may have a say in how custody is determined, especially if they are seeking custody on a more formal basis. For example, some divorce cases bring to light other issues, such as abuse and neglect, in which case children become wards of the state if no one else steps up to take custody. The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety […]

There are a variety of different circumstances in which it may be appropriate for a grandparent to file for grandparents visitation rights. In the instance where a divorce has become quite bitter and a custody battle has erupted, court ordered visitation has been found to give the grandchildren a sense of continuity and stability. This is especially true in the case where the grandparents are the parents of the non-custodial parent. Parents of Non-Custodial Parent Often, the parents of the non-custodial parent recognize that the parent’s time with the children would be limited, and they themselves do not wish to […]

Grandparents concerned with visitation rights should know that there are no firm rules for determining when a court will grant visitation as every case is decided on its own facts and merits. Grandparents can, however, take steps to improve their chances of gaining visitation rights. In deciding visitation cases, courts often consider the previous relationship between the grandparent and grandchild, and they look favorably on evidence of a consistent and caring relationship. For this reason, a grandparent should try to build a meaningful relationship with a child from the outset. If the child’s parent rejects the grandparent’s efforts to visit, […]

States generally use one of two standards for determining custody. The courts in many states currently begin any proceedings by looking for the parental preference, meaning that the wishes of the child’s parents will be followed unless there is strongly significant evidence to the court that they should not be respected. The reason for this is that the constitution gives a fit parent the right to determine what is best for the well-being of their child. Generally a grandparent then has the responsibility in overcoming parental preference by proving the parents are (to a great degree) unfit to have custody […]