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This is my way of communicating what this whole grandparents rights struggle is about. The following is a real life scenario of a court battle allowing the maternal grandmother to adopt two children of R.A.A. & L.R. in Superior Court of New Jersey, Appellate Division, January, 2010. Congratulations Grandma, you have accomplished an essential and wonderful deed. By asserting your grandparents rights you have managed to rescue your grandchildren from life in a very dysfunctional household. I hope you realize what a good and noble thing you have done. I for one recognize your very long and agonizing struggle to make life better […]

In most situations where a grandparent goes to court in an attempt to secure grandparents visitation rights, it is assumed that there must be some animosity amongst the respective family members. The rationale for that is that if such animosity did not exist, there would be no need for the intervention of the court. Case histories from the courts have demonstrated that even when the grandparents are awarded a grandparents visitation schedule, the parents who oppose are often likely not to comply with the court order. While grandparents do have outlets to enforce court orders, such as contempt and incarceration, […]

When grandparents rights are implemented in the way they were intended a great amount of good is the result. Nearly every state in the union has some form of grandparents rights legislation and, according to every court case, custody evaluation, and case study I have read all of these state laws place the emphasis in the best interest of the child. If there was ever a win-win situation then this is it. If only life were that clear cut. My heart aches a lot when I read the transcripts of the cases of very abused and neglected children. Story after story […]

In the news almost every day we learn of some very sad and nearly impossible to comprehend situations of child neglect and abuse.  Here in Charlotte North Carolina the other day a woman left her 4 young children sleeping completely alone in a home with a kerosene heater in the bedroom.  The house caught on fire and a seven year old daughter and 4 year old son survived but tragically their 1 and 2 year old brothers perished in the flames.  The neighbor who saved the two older children heard screams of “Mommy, Mommy”.  After saving the two children she […]

One important aspect when it comes to the grandparents visitation rights is whether the state you live in is “restrictive” or “permissive” when it comes to the rights you have to see your grandchildren. All 50 states currently have some type of grandparent visitation rights statute through which grandparents can ask a court to grant them the legal right to maintain their relationships with their grandchildren. But individual state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances. Resources like The Custody Center can be crucial in figuring out what the grandparents […]

A lot of different factors go into determining grandparents visitation rights when it comes to grandchildren and the courts. There are some general guidelines for grandparents rights, but each state has different laws and factors. Case law shows that most states take into account the following factors when determining grandparents visitation rights: 1. 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. 2. The capability of the parents and/or grandparents to meet the needs of the child. 3. The wishes of the parents […]

It’s important for grandparent to understand their grandparent rights when dealing with visitation issues. Grandparent visitation is something that should always be available and yet is often not in difficult circumstances if you aren’t informed of your grandparents rights. It’s also important to know that the states differ on the extent to which parents have a right to control grandparent visitation. Some states focus on what is in the “best interest of the child” in making decisions about whether or not to allow grandparents to visit. In these states, even unrelated caretakers can often petition for visitation rights, so certainly […]

Grandparents who are actually caring for their grandchildren should take affirmative steps to protect their grandparents rights. This can often be done by obtaining legal guardianship over the grandchildren, or by actually obtaining an order of custody. Absent a formal legal grant of rights, grandparents may find it much more difficult to preserve their relationship with their grandchildren, or to protect their grandchildren from being restored to the custody of a parent who is not ready to assume responsibility for them. You can get help on this from places like The Custody Center that specialize in making sure that grandparents […]

There are many things that can happen that can cause a grandparent to lose the right to visit their grandchildren. For most grandparents nothing could be more devastating. Some of the things that can cause this unfortunate situation are divorce, the death of one or both of the parents, or just a disagreement with the parents. The reason it happens does not matter what does matter is that fact that the situation is detrimental to the grandchildren as well as the grandparents especially if you had a close relationship with the child. Worse yet is that in most states it […]