Because of the bond between grandparent and grandchild, it’s important to understand just what constitutes grandparents visitation rights.
Grandparents’ rights are actually governed by state statutes, which are given effect in other jurisdictions via federal law. Generally speaking, grandparents’ rights to visitation fall into one of two categories: restrictive and permissive.
Restrictive statutes only permit grandparents visitation if parents have divorced or if one is deceased. Most statutes are more permissive in that they don’t wholly rest on the status of the parental relationship. Beyond parental roles, grandparents’ rights are predicated on a variety of factors.
Courts consider the needs and wishes of the child, the ability of all parties to provide for the child, and the strength of the grandchild-grandparent relationship. Ultimately, the court bases its decision on what is in the best interest of the child, with substantial deference being given to a fit parent’s right to make decisions.
When all is said and done, courts will generally make reasonable requests of parents if a visitation schedule can’t be worked out by the parties themselves. But this will not happen if you do not understand the process and how to press for your rights.
So if you’re in a situation where you’d like to visit your grandchild but are forbidden from doing so you need to get yourself informed on the matter quickly. Here are a few ways to do so:
I have written a comprehensive book which has served as a guide for grandparents who are having visitation problems regarding their grandchildren, or just want to understand grandparents right in the USA as a whole. You can get a copy for yourself below:
Also you can keep up to date on the latest issues regarding grandparents rights by following the Caring Grandparents blog, which I update regularly with news and which also has links to many other sources of information:
You can also follow me on Twitter for grandparents rights updates:
If you are potentially going to court over your grandparents rights, The Custody Center can be a great help to you:
Remember, in the fight over grandparents rights information is key. Get informed now! If you have a specific question you can even email me at neiltaftcares@gmail.com
One of the tenets of my Dale Carnegie training is that we should speak in…