March 20, 2011
Grandparents rights are becoming more and more important in our society, as the statistics clearly show. 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, […]
March 16, 2011
There are many reasons and circumstances where a grandparent may feel the need to investigate grandparent’s rights over their grandchildren. With high divorce rates, teen pregnancy issues, drug problems, abandonment, abuse and sometimes the death of a parent or parents, many grandparents feel the need to step up and help out. Grandparent’s rights can be tricky, though, and often it’s hard to know where to start or get help. I discuss all of these issues in detail in my book No Greater Loss. Sometimes the parent or parents of the child are in agreement and believe that the child should […]
March 14, 2011
Many people start the journey toward learning about grandparents rights by asking the simplest question first: “Do grandparents have rights?” When you’re looking at the question “Do grandparents have rights?” you must look to the state of the American family and how that impacts older Americans. The past 30 years have seen tremendous changes when it comes to the American family. Consider these trends, from Professor Herbert S. Klein: Prior to 1980, births outside of marriage were less than 10 percent of the total number of births. The percentage of adults who have never married is at historic levels, with […]
March 8, 2011
Although most grandparents find the idea of being unable to see their grandchildren inconceivable. In actuality, however, thousands of grandparents have faced the loss of their visitation rights. Some have successfully negotiated, either in or out of court, for grandparents rights, including their right to see their grandchildren. Others have had to face the sad reality of going for years without the prospect of a visit. State statutes on the subject of grandparent visitation rights vary from statutes considered to be permissive to those considered to be stringent. The Supreme Court case which applies to grandparenting visitation rights, Troxel v. […]
March 5, 2011
Most people will tell you that grandparents do not have any common law rights to see their grandchildren. These people are not entirely correct. There is no basis in constitutional law as regards to grandparent visitation rights in the USA. And yet, there are cases in this country all the time where grandparents are found to be entitled to visitation rights. To learn the latest laws and developments in your area with respect to grandparent rights to child custody and visitation you should consult my book No Greater Loss. There you will find the most up-to-date information on these difficult […]
March 2, 2011
Grandparents can be awarded visitation rights to their grandchildren, but it is often a difficult process and the difficulty varies from state to state and even court to court. In my book No Greater Loss I cover all of the issues surrounding grandparents visitation, and I’ll try to give you some idea of the general situation here. State statutes providing visitation to grandparents generally require that a number of conditions occur before visitation rights can be granted. The marital status of the parents must be considered in a majority of states before a court will evaluate the relevant factors to […]
February 28, 2011
Today there are more instances than ever where grandparents are seeking court ordered grandparent visitation rights. There are many factors that have led to this: the increase in children born out of wedlock, the increase in the divorce rate, an increase in the propensity for a single custodial parent to move to another location, and a general decrease in society’s valuation of grandparent relationships. Unfortunately there is not a lot of uniformity between the laws in states about how to deal with these issues. Your rights as a grandparent will vary depending upon what state you live in. Grandparents legal […]
February 25, 2011
Trying to figure out what grandparents rights actually are is hard enough, but here in the USA we have to grapple with the fact that every state does things a little different. There is no national uniformity on these issues and every year we see state court challenges, some that side with the proponents of grandparents rights and some that do not. Unfortunately, laws regarding things like grandparents visitation rights and grandparents custody issues are not uniform, and much depends on where you live. All states currently have some type of grandparent visitation rights laws on the books through which […]
February 16, 2011
Over the last two decades the numbers of children being raised by their grandparents has increased dramatically. Reasons for grandparents increasing their roles to become parents include things as diverse as parents being incarcerated, drug and alcohol abuse, divorec and abandonment and mental health issues, among others. Grandparents are keeping families together and serving as a safety net to keep children out of the formal foster care system. However, many grandparents face obstacles not encountered by biological parents, like the inability to: place the children on their health insurance policies, obtain affordable housing in which they can live with the […]
February 7, 2011
A Wichita state senator and family members of abused and displaced children went before the Senate Judiciary Committee today to try to enhance the status of grandparents in child-custody courts. Senate Bill 52 would automatically establish grandparents as interested parties in cases when their grandchildren are removed from their homes. At present, grandparents only receive notice of and status to be heard in such proceedings when they request it. Sen. Oletha Faust-Goudeau, D-Wichita, who is sponsoring the bill, told the committee the legislation “is pretty simple, allowing grandparents to be notified without a lot of additional hassle.” “We as a […]