Grandparents Rights

Grandparents should consider visitation rights as soon as they learn of a divorce, and should begin preparing their case for grandparents visitation immediately. In some cases, extended family members may have a say in how custody is determined, especially if they are seeking custody on a more formal basis. For example, some divorce cases bring to light other issues, such as abuse and neglect, in which case children become wards of the state if no one else steps up to take custody. The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety […]

There are a variety of different circumstances in which it may be appropriate for a grandparent to file for grandparents visitation rights. In the instance where a divorce has become quite bitter and a custody battle has erupted, court ordered visitation has been found to give the grandchildren a sense of continuity and stability. This is especially true in the case where the grandparents are the parents of the non-custodial parent. Parents of Non-Custodial Parent Often, the parents of the non-custodial parent recognize that the parent’s time with the children would be limited, and they themselves do not wish to […]

Grandparents concerned with visitation rights should know that there are no firm rules for determining when a court will grant visitation as every case is decided on its own facts and merits. Grandparents can, however, take steps to improve their chances of gaining visitation rights. In deciding visitation cases, courts often consider the previous relationship between the grandparent and grandchild, and they look favorably on evidence of a consistent and caring relationship. For this reason, a grandparent should try to build a meaningful relationship with a child from the outset. If the child’s parent rejects the grandparent’s efforts to visit, […]

States generally use one of two standards for determining custody. The courts in many states currently begin any proceedings by looking for the parental preference, meaning that the wishes of the child’s parents will be followed unless there is strongly significant evidence to the court that they should not be respected. The reason for this is that the constitution gives a fit parent the right to determine what is best for the well-being of their child. Generally a grandparent then has the responsibility in overcoming parental preference by proving the parents are (to a great degree) unfit to have custody […]

The rise in grandparents custody today can be attributed to many things, especially the percentage of marriages that end in divorce. You can add to that parental problems with drugs and alcohol, financial issues, criminal issues, and the premature death of parents. In these tough times many things can cause grandparents to have to take responsibility for their grandchildren. There is a lot of happiness that comes along with raising grandchildren, but there are also many problems that can come about along the way. To get additional help with health care, finances and schooling you need to learn about the laws […]

Looking at today’s flawed laws  it is not hard to make the case for grandparents rights. By not maintaining adequate laws to protect our children, our legal system has miserably failed them. The antiquated laws governing grandparents rights need to be revised to reflect the times we live in. More and more children’s childhoods will be destroyed, leaving them to become part of the juvenile justice system or suffer at the hands of their parents or unfit guardians. If the laws do not change allowing grandparents legal rights to protect and defend their grandchildren they will just become statistics society […]

Although you will find more information about how to select and obtain an attorney in my book No Greater Loss the first question you must ask when considering filing for custody of your grandchildren is what is at stake? Once you decide on the importance of your efforts that should help you decide whether to hire an attorney. Although there are no hard and fast rules about hiring an attorney, the following general rules will likely apply to your case if you have decided to apply for custody of your grandchild: *If your case is going to be contested, that […]

One of the best times to ask for grandparents visitation rights is when the parents of your grandchildren are in the process of getting a divorce. Timing of agreements is important. Your best chance at having visitation rights is if they are stated in the separation agreement and that normally becomes part of the divorce decree. If the case involves parents who are divorced the courts will look at the divorce settlement and the custody and visitation arrangements already made. In fact, the best time to get the courts to enforce your grandparents rights is often during a divorce when […]

If you are a grandparents who is actually providing primary care for your grandchildren you may need to take affirmative steps to protect your grandparents rights in the case that your grandchildren’s parents later come back and wish to assert their own custody or wishes. This can often be done by obtaining legal guardianship over the grandchildren, or by actually obtaining an order of custody. However you need to know the laws of custody and of your state to do so. Absent a formal legal grant of rights, grandparents may find it much more difficult to preserve their relationship with […]

Anyone interested and involved with grandparents rights needs to be aware of the Troxel case and its subsequent implications on grandparents rights. The Supreme Court issued this ruling with a 6-3 decision in June of 2000. It cancelled out a state law in Washington which permitted courts to grant visitation rights to any interested party as long as it was in the best interest of the child. The Troxel v. Granville came about in 1993 when two grandparents asked for visitation with two grandchildren, who were in the custody of their son’s estranged girlfriend after his suicide. The grandparents, Gary […]