Grandparents Rights

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 […]

Over the last several years there have been  laws created in 45 states to give grandparents visitation rights.  There are laws like this now in almost every state.  Before then there was no such law and grandparents rights did not exist as far as having legal standing in the courts to even attempt to have visitation.  If a parent did not want a grandparent to see their grandchildren and tried to stop, any type of visitation there was no law that gave the grandparents any options to go back on.  Grandparents rights may be different in each state.  Some states […]

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 healthcare.  This can make you an emotional wreck if you cannot afford the extra money going out.  It is important […]

The way the world is today there are many cases where the extended family can be split apart.  Divorce, drug abuse, death of one or both parents, and many other things that can happen that can destroy family bonds and make it where a grandparent can no longer have contact with their grandchildren.  There are many cases on record where a grandparent has gone to court to force grandparents visitation rights or to take custody of a grandchild and won the case.  The thing is that circumstances surrounding the case have to meet certain tight standards. First, let us be […]

For many reasons grandparents end up being a parent again.  This can occur due to divorce, death of one or both of the parents, the parents having financial trouble, or the parents having legal trouble.  No matter the cause, grandparents custody of their  grandchildren creates many challenges for the new family unit.  While this may end up being the best situation for the grandchildren, it may not be the best situation for the grandparents or the parents. One of the biggest reasons why these situations do not work out as planned is the fact that the children cannot make the […]