neil

In June of 2000 the Supreme Court issued a 6-3 decision on grandparents visitation rights in the Troxel vs Granville case. This ruling canceled out a Washington State law that permitted judges to grant visitation to any interested party so long as the visits were in the best interest of the child — even if the parents objected. The Troxel vs Granville decision was confusing because while the majority of the justices agreed that Troxel should be decided a certain way, each had a different reason for doing so which resulted in six different written opinions. The Troxel case makes […]

Some states allow grandparents guardianship, which is a category between grandparents visitation and grandparents custody. Guardianship has the same effect as providing parental authority to a grandparent (or in some cases another third party). Generally, guardianship is less permanent than custody. To find out if your state has the option of granting grandparent guardianship consult The Custody Center. As always when determining guardianship, the court looks to the best interest of the child. In some instances of guardianship, the parent with custody of the child leave the child with a relative or grandparent indefinitely. The relative or third party is […]

Under the constitution, grandparents have no legal rights spelled out. According to the constitution a parent that is found to be fit has the controlling decision over the children even if that includes alienating them from their grandparents. The good news is that the laws of most states do give grandparents rights in certain situations.  If you are a grandparent, it is wise to learn the laws of your state, as well as the laws in the state in which your grandkids reside, to find out what your rights are, and in what situations you may be able to force your rights. […]

When parents divorce the grandparents worry about many things, especially grandparents visitation rights. Some divorce situations can get ugly and the grandparents suddenly find themselves shut out of seeing their grandchildren. Grandparents may wonder many things during this time, such as how they can stand behind and support their child during this time with custody proceedings going on or if they should interfere if they feel their grandchild is in a dangerous situation. It is important to be informed. You can use resources like The Custody Center to find out what the laws are and what options you have. Despite what […]

When confronted with how to legitimately exert your grandparents rights, take the following steps in order. It is not easy to do thing this way, but under the law this is the process which will most likely result in you gaining your grandparents visitation rights or even contesting for custody. 1. Do everything you can to keep any hard feeling between you and the children’s custodial parent from the children themselves. Bite your tongue, if necessary, to keep those feelings in check and known only to you. It will not help your case if the children are aware of these […]

The issues surrounding grandparents rights have really become remarkably controversial in recent years, as state after state has confronted the issues with legislation and individual grandparents have been forced to turn to the courts to maintain any semblance of grandparents rights. Today due to prevalent issues such as divorce, child abuse, or drug abuse grandparents are often the party left without any consideration. Often in a divorce the parents of a non-custodial parent end up cut off from their grandchildren. This can be particularly true if the grandparents and grandchildren live a far distance from each other. More and more, […]

Many different factors go into determining grandparents visitation rights when it comes to grandparents, grandchildren, and the courts. There are certainly some general guidelines for grandparents rights, but each state has different laws and factors. Case law from the courts shows that most states take into account the following factors when determining grandparents visitation rights: *  The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child. * The capability of the parents and/or grandparents to meet the needs of the child. *  The wishes […]

In the USA grandparents have always had limited rights to visitation and custody of their grandchildren, and in 2000 the US Supreme Court limited these rights even further through its decision in the case of Granville vs. Troxell. Currently the laws vary in each state. It isw important to understand, however, that there are still some situations where a grandparent may have legal rights to a grandchild. Some state laws do not recognize grandparents as appropriate parties to seek custody, so they generally have limited rights to do so. Unless a state law grants them specific rights to petition the […]

If grandparents can prove to the courts that their home offers adequate resources for raising a child then they will be strongly considered. Overall, grandparent custody is a generally preferred alternative in most every state to foster care. The bottom line is that grandparents do have rights when it comes to custody and their grandchildren. The courts recognize them as an integral part of the family support system. The key however is for grandparent’s to make their wishes known and get involved with custody process. Check out No Greater Loss for the details you need to advance your custody case […]

Grandparents often face a hard road in getting their rights. In the USA grandparents have always had limited rights to visitation and custody of their grandchildren, and in 2000 the US Supreme Court limited these rights even further through its decision in the case of Granville vs. Troxell. Currently the laws vary in each state. It isw important to understand, however, that there are still some situations where a grandparent may have legal rights to a grandchild. Some state laws do not recognize grandparents as appropriate parties to seek custody, so they generally have limited rights to do so. Unless […]