Although they weren’t called that, the concept of grandparents rights was ingrained in our society. It was never a question that a grandparents quality time with their grandchildren was a part of normal family life.
Today, things have drastically changed. With the prevalence in our society of such social ills as divorce, separation, parental drug use and abandonment and the premature deaths of parents, the hold of grandparents rights regarding spending quality time with their grandchildren has severely lessened.
It is in these tough times that it pays to know what your grandparents rights are and how you go about enforcing them, lest you become swept up in the rising tide of grandparents who simply never see their grandkids. It is now a legal right for grandparents to keep in touch with the children in the event of any of the problems mentioned earlier. However, these laws vary state to state and are often a bewildering maze of contradiction at first glance.
In the United States every single state has separate statues that give permission to the grandparents to maintain contact with their children. But though all fifty states have regulations on grandparent’s legal rights, they vary considerably on procedures and practices.
The courts have ruled that the best interest of the child should always be protected when granting visitation rights to grandparents. But in all states the law requires that it is the responsibility of the grandparent to prove that visitation is in the best interest of the grandchild.
The Visitation Rights Enforcement Act of 1998 guarantees that the grandparents can visit their grandchildren anywhere in the United States if they have visitation rights in any one state. But first, those rights must be proven in your home state.
The 2000 Supreme Court decision in Troxel v. Granville further impressed upon the states that grandparents bear the burden of proving that seeing their grandchildren is in the best interest of the child, something difficult to do at time over the objection of parents even if they have been neglectful.
To navigate these confusing waters you need to learn about the laws of your state and the laws in general regarding grandparents rights by going to The Custody Center and getting as informed as you can. Visit to a lawyer will be costly and likely provide you only with information that is already available to you at much less cost.
Before you decide that to go into court in your particular grandparents rights situation please make sure you are properly informed first. It can be the difference between a lot of frustration and a huge legal bill and getting to spend the quality time you deserve with your grandchildren.
NEIL
