June 15, 2011
Many states today claim that when it comes to grandparents custody rights the grandparents have no rights to visit, see or speak with their grandchildren unless the child’s parents permit such. Only if a grandparent believes that their grandchild’s welfare is in serious danger can they notify the authorities and potentially petition the court for custody of the child. This is not true, however, in all states. Some states have permissive grandparents rights laws. Such individual states generally use one of two standards for determining custody. The courts in many states currently begin any proceedings by looking for the parental […]
June 13, 2011
In a sad blow to grandparents rights the Alabama Supreme Court last week struck down a state law that guarantees visitation rights for grandparents, ruling that it unconstitutionally violated the rights of fit parents who might not want their kids to be around their grandparents. The SC justices overturned Alabama’s recently passed Grandparent Visitation Act in a 7-2 decision. To read more about this controversial issue check out my post on Grandparents Visitation Rights. Here is some of what the Associated Press said about the ruling: The opinion, written by Associate Justice Tom Parker, was 34 pages long, and Parker […]
June 8, 2011
Many different reasons or circumstances can compel a grandparent to look into grandparents rights issues with their grandchildren. Considering today’s high divorce rates, teen pregnancy issues, drug problems, abandonment, abuse and sometimes the death of a parent or parents, many grandparents feel the need to step up and help out. Grandparents rights is a difficult legal matter, though, and often it’s hard to know where to start or get help. I discuss all of these issues in detail in my book No Greater Loss. Sometimes the parent or parents of the child are in agreement and believe that the child […]
June 4, 2011
The Alabama Senate passed a bill this week that would give grandparents visitation rights to their grandchildren. The bill has previously passed the Alabama House of Representatives in April and it now heads to the Governor for his signature. The grandparents rights bill (HB 348) was sponsored by Representative Harry Shiver of Bay Minette. It is nicknamed the “Grandparent’s Bill.” The bill was pushed by supporter Richard Deblase of Mobile who lost his grandchildren when they were killed by their father and stepmother in 2010. Deblase attempted to get visitation with his grandchildren before they were killed but the parents […]
June 2, 2011
For a lot of reasons, grandparents custody is on the rise these days. Much of this is due to the percentages of marriage that end in divorce, but there are also often factors such as the premature death of a parent, parental problems with drugs or incarceration, or financial problems tied to these tough times. Any of these things can cause grandparents to have to take responsibility for their grandkids. For grandparents, it is important to understand what custody means and what grandparents rights are. There is a lot of happiness that comes along with raising grandchildren, but there are also […]
May 28, 2011
With changing familial structures that involve divorce and remarriage, some family relationships and roles fall to the wayside. Grandparents are often victims of these changes, with their grandparents visitation rights commonly terminated upon a relationship’s demise. Because of the bond between grandparent and grandchild, it’s important to understand just what constitutes grandparents visitation rights. Grandparents’ rights are actually governed by state statutes, which are given effect in other jurisdictions via federal law. Generally speaking, grandparents’ rights to visitation fall into one of two categories: restrictive and permissive. Restrictive statutes only permit grandparents visitation if parents have divorced or if one […]
May 24, 2011
Grandparents can be awarded visitation rights to their grandchildren, but it is often a difficult process and the difficulty varies from state to state and even court to court. In my book No Greater Loss I cover all of the issues surrounding grandparents visitation, and I’ll try to give you some idea of the general situation here. The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety of reasons. For one thing, advocates argue that grandparents provide a constant supply of support for children whose lives are otherwise disrupted by divorce. Advocates […]
May 23, 2011
More and more the subject of grandparents rights is coming up in our society. In my recent book No Greater Loss I took a detailed look at the current status of grandparents rights as well as giving some resources and advice to those in need. Here is some of what I found out in researching that book. Children are the best companions to the aging grandparents. In the past they were under grandparent’s custody irrespective of their parents alive or not. Later the society has undergone changes and now separation, divorce, premature deaths to parents are most common among the […]
May 20, 2011
Gov. Sam Brownback has signed a new Kansas grandparents rights bill into law, in an effort to give grandparents more rights in child-in-need-of-care cases. The House Substitute for Senate Bill 23, which expands grandparents rights to take over parenting when their children are deemed unfit parents, was signed by Brownback earlier this month. The bill gives grandparents automatic standing in court in child-in-need-of-care cases. Without automatic standing as interested parties, grandparents are not necessarily sent notice of proceedings involving their grandchildren, resulting in the children being placed in institutions or foster care. Many grandparents testified in the legislative proceedings that […]
May 18, 2011
There are a variety of different circumstances in which it may be appropriate for a grandparent to file for grandparents visitation rights. In the instance where a divorce has become quite bitter and a custody battle has erupted, court ordered visitation has been found to give the grandchildren a sense of continuity and stability. This is especially true in the case where the grandparents are the parents of the non-custodial parent. The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety of reasons. Grandparents rights advocates argue that grandparents provide a constant […]