September 13, 2011
A new California law makes it a misdemeanor for anyone providing care or direct supervision to a person who is at least 65 years old to coerce or deceive that senior into voting contrary to the senior citizen’s intent. Senior voting rights are an important emerging part of Elder Law in the USA. Assemblyman Mike Gatto’s bill AB 547, a measure to protect senior citizens from voter fraud and abuse, has been signed into law by Gov. Jerry Brown and will take effect before the 2012 elections. This is seen as an important first step towards developing a more comprehensive […]
September 6, 2011
Grandparents raising grandchildren is not a new phenomenon. It is, however, a rapidly growing one. Census data shows that the incidence of increased grandparent involvement in raising their own grandchildren is getting more and more common. As of 2010 about 6 million children, nearly 8 percent of all children, were recorded as living with grandparents identified as head of household. That number is nearly twice what it was in the 2000 census. Sometimes grandparents must take over a child who has been abandoned or mistreated due to parental alienation, loss of job, drug use, incarceration, or severe poverty. The poor […]
September 1, 2011
When you are trying to gain grandparents visitation rights, it really is essential that you do things correctly. If you don’t, the consequences can be devastating. You could wind up without regular visitation, or even no visitation. Of course, things could also go smoothly, but do you really want to take that chance? It is during the time of a divorce in which your grandchildren are involved that you need to act. During this time courts will allow both parties to add grandparents visitation to the divorce settlement order if the parents OK that. Lots of times they will. You […]
August 28, 2011
More and more these days, people are asking me about Elder Law. As the nation ages, it has become an important part of our legal system. Grandparent rights are part of Elder Law, but they are not the only part. If you don’t know what Elder Law is, you should learn. Elder Law is a composition of legislations that determine the rights and obligations that apply to those who are considered elderly. Elder applies to anyone who is, knows, or associates with someone who is elderly (which is just about everbody). Due to changes between generations in American lifestyles, Labor […]
August 22, 2011
In the state of South Carolina, the courts have the power to order grandparents visitation if a parent is deceased or if parents are divorced or living separately. As in all of the 50 states, the court must find that visitation would be in the best interests of the child. In addition, the court must find that visitation would not interfere with the parent-child relationship. The court is also directed to consider the nature of the relationship between the child and the grandparents prior to the filing of the request for visitation. Prior to 2003, grandparents visitation in South Carolina […]
August 20, 2011
Check out this video about grandparents rights during a divorce in NC. This a great primer for those needing legal advice. It should help start you on your way toward finding out what you need to do to protect your grandparents rights. For more detailed information, take a look at my book No Greater Loss which deals with these issues in-depth.
August 17, 2011
Grandparents can be awarded custody of their grandchild or grandchildren under certain circumstances. However, there will need to be a compelling reason for grandparents custody to be awarded if either parent of the child is alive and capable of or interested in parenting the child. There is a strong presumption in favor of a parent’s right to be a parent, which means that grandparents will have a strong burden of proof to meet if they wish to obtain custody while the child has living parents. Generally, this means showing that the child is in potential or actual danger of suffering […]
August 15, 2011
The number of children being raised by their grandparents has risen sharply since the start of the recession in 2007, according to a Pew Research Center study that found one in 10 children in the US now lives with a grandparent. Many people have a lot of questions when it comes to grandparents custody and the consideration of grandparents rights who are caring for their grandchildren. According to the Pew study, almost two-thirds of the grandparents who are primarily responsible for their grandchildren are under 60. In the 2000 Census, the average age was 57. Grandparents who are actually caring […]
August 12, 2011
Do grandparents really have the right to visit their grandchildren? In cases where they are denied access to their grandchildren, grandparents may be able to petition the court for grandparents visitation rights, but there are some restrictions on their ability to do so. The biggest obstacle to grandparents petitioning for visitation rights is a 2000 Supreme Court case, Troxel v. Granville, which struck down a Washington state law allowing third parties, like grandparents, to petition the court for visitation over the parent’s objections. Troxel indicated that parents have a fundamental right to parent their children, including deciding whether grandparents should […]
August 8, 2011
Grandparents rights in Wisconsin have been upheld due to a recent court case. The Wisconsin Court of Appeals has clarified that when Wisconsin’s “special grandparent visitation provision” applies, petitioning grandparents need not show a “significant triggering event” occurred in order to seek visitation rights of a nonmarital grandchild. You can see the details of the case here. The case is one of many across the country where grandparents rights are winning small victories or losing small defeats due to the fact that there is no unified national standard for grandparents rights.This is due to the controversial Troxel decision of 2000. […]