Grandparents must be aware of court issues before making agreements for grandparents visitation rights

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neil

In most situations where a grandparent goes to court in an attempt to secure grandparents visitation rights, it is assumed that there must be some animosity amongst the respective family members. The rationale for that is that if such animosity did not exist, there would be no need for the intervention of the court.

Case histories from the courts have demonstrated that even when the grandparents are awarded a grandparents visitation schedule, the parents who oppose are often likely not to comply with the court order. While grandparents do have outlets to enforce court orders, such as contempt and incarceration, it is generally recognized that the existing animosity will only increase. Often, the court takes this into consideration as they feel that such situations only serve to increase the stress placed upon the children and works against the “best interest” goal.

Courts are concerned about animosity between parents and grandparents that may be openly displayed towards one another in the presence of the children. Even in cases where the grandparents are financially secure and can afford protracted litigation, the court is aware of the fact that children are apt to become mere pawns in the struggle between the parents and grandparents.

Taking these considerations as a given, it is widely recommended that some sort of agreement between the parents and grandparents be reached outside of court. But as a grandparent if you go that route you should be informed about just what to insist upon or watch for in this agreement.

Grandparents are encouraged to use resources like The Custody Center when considering these agreements, as the applicable laws are sometimes difficult to understand and will differ from state to state. If you are informed about the courts then you will know what to ask for in a less formal agreement.

Sources:

Senior Today, “Grandparents and the law”

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Poppy says:

June 9, 2011 at 9:27 am

The Court of Appeals in South Carolina held that it is against the public policy of that state for parents and grandparents to agree that grandparents may have contact with their grandchildren. Any grandparent who agrees to care for their grandchild at the request of the parent in South Carolina is in violation of the public policy of South Carolina. Who would have thought. see bellasophie.com