The rights that grandparents have vary from state to state. The courts have to consider the circumstances behind the alienation. For instance, if the child is living with both parents and the child is doing well then the grandparents can expect to lose the case. If one or both of the parents have died this will change the situation.
If one parent is still alive, this is another situation where the circumstances matter closely again. Even if there is only one parent alive, the grandparents have a lot to prove in order to force the surviving parent to allow visitation. The grandparents would have to prove to the court that the child being alienated from them is detrimental to the child. They may also have to prove that the parent is unfit and this is very hard to do without rock hard proof. They may even need to prove both situations.
Circumstances like these are detail in the literature of The Custody Center. I have found no other way to go in and really figure out what grandparents rights really mean in these cases.
If getting visitations sounds hard, then you need to understand that if you are a grandparent seeking custody it will be even harder. You will most definitely have to prove that the parents are unfit to raise the child.
Remember that you will be going into court telling the judge that your child is an unfit parent. Rest assured that, as previously stated, this is a hard thing to do. For instance if you are trying to get your grandchildren because you think that the parents are using drugs then you will have to show the court arrest records, police reports, and reports from children’s services. The judge will probably order drug testing and if the parent passes even if they have arrest records and so on, the judge may find for the parents.
It is very difficult to get a judge to find against biological parents. The best thing for everyone is to try to resolve the conflict out of court. If you have to use a third party mediator in order to solve the situation. Going to court should be the last resort but if you think that the child is in an unhealthy situation and you have exhausted all other avenues then do some research into the laws of your state and hire a lawyer.
But often lawyers will give you this same advice expect to tell you that court is your only option. I counsel using resources like The Custody Center to quickly and easily inform yourself of the grandparents rights you have without the burdensome cost of an attorney before you even step in a court room.
Grandparents rights are out there, and you can become aware of them. Trust yourself to get the answers you need, and then make your own decision about the case.
