neil

The legal controversy pertaining to grandparents rights is relatively new and filled with uncertain case law. Unfortunately for grandparents, the law is often not on their side and grandparents may have little opportunity to protest. In some states this is more true than others. In some states grandparents can institute a court proceeding to seek to obtain visitation with their minor grandchildren. But grandparents need to overcome the public policy precedent of allowing parents to raise their children as the parent or parents […]

It is true that a grandparent may seek legal custody of their grandchildren for numerous reasons. How simple or complex this is will depend on individual circumstances and whether or not both the parents and grandparents are in agreement that the children should be in the custody of the grandparents. Legal custody is awarded by the courts and is not merely a written agreement between two parties. If both parties are not in agreement, the grandparent or must prove to […]

Everyone of our 50 states once had laws that gave grandparents the right to ask the court to consider their request to visit their grandchildren, but that was unfortunately the past. Courts in many places have made grandparent visitation far more difficult to get from a legal standpoint, deciding that the concept goes against the rights of the parents. However, in some states grandparents visitation laws have been upheld by the courts. In those states grandparents still have to prove […]

Grandparents’ rights refer to rights grandparents possess to see and have contact with their grandchildren, usually after something like a divorce or other split in a family unit has occurred. While the rights of custodial parents are often considered of foremost importance, in some jurisdictions courts may allow visitation or access to grandchildren that is actually against the wishes of custodial parents. Grandparents may be successful in gaining access to their grandchildren if the grandparents can build a strong and […]

Grandparents who are having questions about their grandparents rights in disputes involving their grandchildren should know that even though they are not the biological parent of the grandchild, they still have rights. In the case of an impending divorce the child is not just being separated from one of his parents but from his grandparents as well. No matter what state you are in, family courts will try their hardest to keep the divorce from affecting the child as much […]

So you have successfully exerted your grandparents rights……now what? The reality is that certain practical considerations come into play.  You must know that there is the potential for financial problems to arise at any time.  Depending on if you are still holding down a job or have already retired it can be a different situation for everyone.  When you are raising your grandchildren, unexpected expenses may come up.  Some of these expenses are beyond your control such as childcare and […]

Courts convene to consider the extent of grandparents rights in any custody or visitation case, the one huge overriding factor is the standard of Best Interest of the Child. Courts in every jurisdiction across the country must consider the best interests of the child standard  when granting custody or visitation rights to a grandparent. The factors which determine that “best interest” are of primary importance to the court when considering what to do. Basically, if you are involved in this […]

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 […]

This message is not intended to scare you. Actually, I hope it will instead inform you enough and give you some concrete ideas about what is out there for grandparents to enjoy. At the same time, I want to make you aware that your grandparents rights are important when it comes to these matters. Grandparents are as a group about 1/3rd of all adults in America. They contribute in extraordinary proportions to their grandkid’s well being. A few examples according to […]