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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. […]

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 […]

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, […]

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 […]

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 […]

Grandparents visitation rights can differ in different states, and circumstances certainly matter. Generally, if it comes to the courtroom grandparents must prove that they should indeed have visitation rights with their grandchildren based on the particular circumstances of the case. Here are some different circumstances that grandparents often face when considering these issues: Previously Cared for Grandchild Grandparents can be granted grandparents visitation rights if they previously cared for the grandchild. In cases like this, the grandchildren may have stayed […]

Many state statutes contain no set guidelines for granting visitation rights to grandparents. In the absence of any such guidelines, most judges grant visitation when it is in the best interests of the child. The importance of preserving and maintaining an existing relationship between the child and their grandparents will be weighed against the custodial parent’s need to exercise their parental rights and veto such visitation if they desire. There are several factors which judges consider: Is there an existing, […]

One of the things that can be most confusing confusing when addressing the issue of grandparents visitation in court are the difference in state statues and practice, depending upon where you live. To figure out exactly which laws the courts in your states much follow when dealing with grandparents rights, visit The Custody Center. Different state statutes providing visitation to grandparents generally require that a number of conditions occur before grandparents visitation rights can be granted. For instance, the marital […]

Many people do not recognize that grandparents can actually be awarded legal custody of their grandchildren, but that is actually the case in some events. This scenario tends to happen when neither parent can provide a healthy and sufficient home to raise their children. It also can occur when there are legitimate concerns about safety due to known instances of drug use or child abuse. It is important to remember that the grandparent does have the responsibility in these cases […]