GRANDPARENTS RIGHTS PERTAINING TO THEIR GRANDKIDS
HOPE
July 25, 2020
LISTENING IS LOVING
August 17, 2020
People have repeatedly asked what grandparents’ privileges are regarding their grandkids. This issue pops up almost instantly when grandparents are denied access to their grandchildren. The reality is that grandparents do not have an automatic right to contact with their grandchildren. However, family courts do recognize the invaluable role that grandparents have to play in their grandchildren’s lives. As such, it is very rare that the court would refuse a grandparent access to their grandchildren unless there is evidence of abuse or violence.
Children supervision and visitation are typical responsibilities of parents and family, but not always. Grandparents are always entangled in raising children in most families, and sometimes they may be the primary caretaker of the child. It is well known that parents are the prominent figures in child supervision, but grandparents can also have their say with respect to visitation rights and even custody.
Can Grandparents Submit To The Courts For Permit to See their Grandchildren?
This is the number one question from people. There are only a few people such as parents, step-parents, or guardians who are allowed to apply for a contact order. Although grandparents’ privileges are limited, they can apply for permission of Contact Order and the courts will evaluate the following criteria:
1. The applicant’s relationship with the children or child concerned.
2. The essence of the request for contact.
3. If the request might be potentially dangerous to the child’s well-being in any way.
Every restriction requires courts to contemplate the best interests of the child before granting custody or visitation rights to grandparents. It is important to note that different states have different provisions for grandparent custody and visitation.
Grandparents are to check the provisions in the constitution in their different states to determine the conditions for visitation. Though several state legislations are similar, state judiciaries may apply statutory provisions differently. Here are some of the notable legislations on grandparents’ rights regarding their grandkids.
You can check your state legislation for the provision that applies to you. In many states, visitation rights are based on a preexisting relationship between the grandparent and the child. If you are a grandparent and wondering how you can get to see your grandkids more often, or be more invested in their lives, considering the legislation of your state is pivotal to taking the right approach to the issue.
