According to the U.S. Census Bureau, there were 7 million children living with a grandparent in 2009, which is almost 10 percent of all children in the United States. The reasons vary as much as the families themselves, but the number of grandchildren living with their grandparents (one or both) continues to climb in the U.S. and it is important that grandparents understand their legal rights when it comes to custody and visitation issues.
While grandparents don’t have guaranteed legal rights to their grandchildren, there are some states that permit grandparents to petition the court for grandparents visitation in certain situations, such as when a grandchild and grandparent have become separated by divorce or the death of a parent.
In states that do allow grandparents to petition for visitation, the standard for determining whether or not visitation is awarded varies. Sometimes grandparents must prove to the family court that a substantial relationship currently exists between the grandparent and grandchild, and provide evidence that protecting that relationship is in the grandchild’s best interests.
The family court may award visitation rights if the child’s parents have been divorced for at least three months, or if the child is born out of wedlock. In addition, adoption cuts off a grandparent’s visitation rights, unless the adoption is granted to a stepparent. When petitioning for visitation, grandparents must show that visitation has been denied, not merely limited.
There are also instances when a grandparent may petition the court for temporary custody or guardianship of a grandchild, including:
Grandparents’ rights groups routinely file amicus (friend of the court) briefs in support of grandparents rights in custody and visitation matters, citing numerous psychological studies that show how the presence of a grandparent can make a significant contribution to a child’s healthy development, particularly in cases when parents are divorced, incarcerated or suffering from mental or physical illness.
