Grandparents’ rights for visitation

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 clear, the constitution of the United States does not give grandparents any rights over their grandchildren as long as at least one of the parents of the child is, and this is the important part, deemed fit.  The Supreme Court has ruled on this and states that a fit parent will always have the power of final decision when it comes to their children.  This can include a parent refusing to let a grandparent see a grandchild.   Right now, most states have laws that allow grandparents to petition for rights in certain situations but the window is small and getting smaller.  With the Supreme Court ruling, many states are finding that their laws and statutes concerning grandparents’ rights are unconstitutional and infringe on the constitutional rights of the parents and they are starting to amend their laws.

Some of the situations that can arise where a grandparent can petition the court for rights are divorce, child abuse or neglect, death of one or both of the parents, a parent being incarcerated, and drug abuse by a parent are a few of the situations that allow a grandparent to sue for their rights to the child.  Remember that these laws vary from one state to another and you need to research and find out what the laws of your state are.  For instance in Wisconsin a court will not override the rights of a parent that is deemed to be fit under any circumstance.  If you do have to go to court, it is best to seek the advice of an attorney since the issues surrounding grandparents rights are so complex, the process of law is difficult to understand and it changes continuously.  Another reason for an attorney is that the burden of proof in the case is going to be your responsibility and if you have any hope of winning, you will have to be very well prepared.

Good Luck and be well and happy.   NEIL