neil

Are grandparents rights slipping away from us? Are we losing them? This question comes at me more and more ever since the terrible Supreme Court decision of Troxell over a decade ago, and every time a battle for grandparents rights is lost or delayed in the courts or legislatures around the country. Grandparents rights are not something that are given to us. It is incumbent upon us to be proactive. I don’t mean that we take something from someone as much as we give something to the most important people in our lives. In today’s legal climate the best way to insure […]

Are you in a situation where you feel you have lost the visitation rights to your grandchildren? Are you looking for a way to address that issue, legally or informally? The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety of reasons. For one thing, advocates argue that grandparents provide a constant supply of support for children whose lives are otherwise disrupted by divorce. Advocates also argue that vindictive custodial parents may work to sever otherwise positive relationships between the children and the other parent’s relatives, causing emotional trauma. Grandparents should consider […]

As with all major life changes, adoption is both a wonderful and challenging experience filled with excitement, adjustment and joy. This is no less true for grandparents, as they watch their own beloved children dealing with all the emotions that come with adopting a child. Here are some tips to consider if you are becoming a grandparent through adoption: Be a partner in parenting, taking your cues from the parent and respecting that the parent is in charge. While you certainly can share your wisdom and experience, remember that your son or daughter will need to find their own way […]

Courts grant grandparents visitation or grandparents custody to grandparents only when certain conditions provided in state statutes are met. Conditions for a grandparent to attain custody differ from those conditions required for visitation rights. A grandparent should be familiar with the conditions for either custody or visitation before determining whether to file a petition to request either from a court of law. Best Interests of the Child Courts in every jurisdiction must consider the “best interest of the child” when granting custody or visitation rights to a grandparent. In some states, the relevant statute provides a list of factors the […]

In many families grandparents visitation is easy and frequent. Grandparents usually have a special relationship with their grandchildren.  However, in some cases, grandparents have to do far more than be caring, loving grandparents.  When parents have problems that prevent them from taking care of their kids, grandparents are usually the first relatives a parent will turn to in their time of need. What happens to the grandparents’ relationship with a child when a parent suddenly returns after a few years, then demands that the grandparents retreat to their earlier role? If you are a grandparent who took on a long-term […]

A lot of people ask me when is the best time to get a court to grant grandparents rights. The important thing to note is that it is always best if you can have grandparents visitation included at the time of your child’s divorce. If you or your attorney can negotiate directly with the parents of your grandchildren then adding terms such as grandparents visitation is far easier than it become later. Each different state provides the appropriate venue which can make custody and visitation determinations. Where a divorce is pending, the appropriate venue for making a visitation decision involving […]

One of the most perplexing problems with grandparents rights is that they vary greatly depending upon what state court system you are dealing with. At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state has a different threshold for when it will allow grandparents to take a case to court. Some states are more […]