Grandparents Rights

Today statistics show that over 50% of all marriages end in divorce. Although it is traditionally accepted that this is hard on the parties divorcing and especially on the children involved, virtually no one talks about how hard this is on grandparents. This can lead many to conclude that though parents divorcing have many rights, grandparents have none. In fact, one truth in this is that grandparents do have fewer rights when compared to parents. Certainly, the courts have not protected them as much as is proper. However, it is a myth that grandparents have no rights, and in fact […]

Studies have shown that a grandparent’s mental and physical health is greatly enhanced by having the company of their grandchildren. At one time, this was the usual circumstance in a grandparent’s life. Although they weren’t called that, the concept of grandparents rights was ingrained in our society. It was never a question that a grandparents quality time with their grandchildren was a part of normal family life. Today, things have drastically changed. With the prevalence in our society of such social ills as divorce, separation, parental drug use and abandonment and the premature deaths of parents, the hold of grandparents […]

In the ongoing struggle to understand grandparents rights the battles are often fought at the state level, and more specifically in local magistrate courts as judges decide individual cases based on their interpretation of previous decisions. Resources like those available at The Custody Center can help you narrow down exactly what your state laws are. There have always been cases where problems exist between parents and grandparents over the right to see and spend time with grandchildren. These days due to social forces there are more cases now than there have ever been before. The increase in the number of […]

Under very specific circumstances grandparents CAN be granted custody rights of their grandchildren. When one parent is deceased the other surviving parent typically obtains custody of the child as long as they are seen as fit by the court. This is a very hard standard to overcome, although obviously in some instances including jailed parents, drug use, child abuse, abject poverty or other social ills the courts can decide to give custody to another party, including a grandparent. If both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood […]

One of the core debates in regards to grandparents rights is whether they actually should exist and in what form. Believe it or not, there actually is a long-running debate in the country as to whether grandparents have the right to visit their grandchildren or not. Many people believe that a child should have contact with their grandparents in order to learn the family history and to grow into a good person. They believe that a child receives a ton of value from this attention and love. Others say a child can be raised with or without the input of grandparents […]

Do grandparents have legal rights? If so, where do they come from? The answers are that grandparents DO have legal rights although they are often very limited, and that they come from a variety of sources. The reasons grandparents rights exist are founded in three basic legal principals. You can learn a lot more about this matter by reviewing the material available through The Custody Center. The concept of grandparents’ rights is derived from three basic legal approaches. Derivative Rights Theory Derivative rights theory states that grandparents obtain their right to petition to visit their grandchildren by way of their […]

Grandparents often worry about what might happen if they suddenly lose the rights they have to see their grandchildren. There is good reason to worry considering the social situation today and the current state of our nation’s laws. 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. With current laws and Supreme Court […]

The effects of divorce on parents and children have been widely discussed and well documented, but often overlooked is the fact that family break-ups hurt grandparents as well. Often, however, the heartbreak grandparents experience is forgotten as they meet the needs of their children and grandchildren. As tempting as it may be to try to fix things, it is best to stay neutral through the divorce process. Instead of taking sides and offering unwanted advice, step back from the situation and offer to help each of the divorced parents. It will go a long way toward future visitation if you […]

Too often today grandchildren become alienated from their grandparents due to divorce, separation, or other problems in marriage. Alienation of grandchildren from their grandparents does a child a world of harm. The rights that grandparents have vary from state to state.  The courts have to consider  the circumstances behind the alienation. For instance, if the child is living with both parents and the child is doing well then the grandparents can expect to lose the case.  If one or both of the parents have died this will change the situation. If one parent is still alive, this is another situation […]

When parents divorce the grandparents worry about many things. Who gets the custody of children will affect the whole family, including the grandparents. Often they especially worry about their grandparents rights. Some divorce situations can get ugly with the grandparents suddenly find themselves needing to get custody. 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. All custody cases are different depending on the situation. The grandparents can be there to show emotional support for their children and grandchildren. Whatever your child may need help […]