Grandparents Rights

Many state statutes contain no set guidelines for granting visitation rights to grandparents. In the absence of any such guidelines, most judges grant visitation when it is in the best interests of the child. The importance of preserving and maintaining an existing relationship between the child and their grandparents will be weighed against the custodial parent’s need to exercise their parental rights and veto such visitation if they desire. There are several factors which judges consider: Is there an existing, positive relationship between the grandparents and the grandchildren? What is the child’s preference, if any? Is the grandparent able to […]

One of the things that can be most confusing confusing when addressing the issue of grandparents visitation in court are the difference in state statues and practice, depending upon where you live. To figure out exactly which laws the courts in your states much follow when dealing with grandparents rights, visit The Custody Center. Different state statutes providing visitation to grandparents generally require that a number of conditions occur before grandparents visitation rights can be granted. For instance, the marital status of the parents must be considered in a majority of states before a court will evaluate the relevant factors […]

Many people do not recognize that grandparents can actually be awarded legal custody of their grandchildren, but that is actually the case in some events. This scenario tends to happen when neither parent can provide a healthy and sufficient home to raise their children. It also can occur when there are legitimate concerns about safety due to known instances of drug use or child abuse. It is important to remember that the grandparent does have the responsibility in these cases to identify themselves as a potential custodial parent and to got to the courts and follow up on this to […]

The legal controversy pertaining to grandparents rights is relatively new and filled with uncertain case law. Unfortunately for grandparents, the law is often not on their side and grandparents may have little opportunity to protest. In some states this is more true than others. In some states grandparents can institute a court proceeding to seek to obtain visitation with their minor grandchildren. But grandparents need to overcome the public policy precedent of allowing parents to raise their children as the parent or parents deem appropriate. The grandparent will need to demonstrate to the judge that the continuation of the grandparent/grandchild relationship is in […]

It is true that a grandparent may seek legal custody of their grandchildren for numerous reasons. How simple or complex this is will depend on individual circumstances and whether or not both the parents and grandparents are in agreement that the children should be in the custody of the grandparents. Legal custody is awarded by the courts and is not merely a written agreement between two parties. If both parties are not in agreement, the grandparent or must prove to the court that it is in the best interest of the child or children to be raised by someone other […]

Everyone of our 50 states once had laws that gave grandparents the right to ask the court to consider their request to visit their grandchildren, but that was unfortunately the past. Courts in many places have made grandparent visitation far more difficult to get from a legal standpoint, deciding that the concept goes against the rights of the parents. However, in some states grandparents visitation laws have been upheld by the courts. In those states grandparents still have to prove in court that they should be able to visit their grandchildren. This is very hard to do for a variety […]

Grandparents’ rights refer to rights grandparents possess to see and have contact with their grandchildren, usually after something like a divorce or other split in a family unit has occurred. While the rights of custodial parents are often considered of foremost importance, in some jurisdictions courts may allow visitation or access to grandchildren that is actually against the wishes of custodial parents. Grandparents may be successful in gaining access to their grandchildren if the grandparents can build a strong and successful case which argues that their removal from the grandchild’s life would be disruptive or detrimental. Of course, it is […]

Grandparents who are having questions about their grandparents rights in disputes involving their grandchildren should know that even though they are not the biological parent of the grandchild, they still have rights. In the case of an impending divorce the child is not just being separated from one of his parents but from his grandparents as well. No matter what state you are in, family courts will try their hardest to keep the divorce from affecting the child as much as possible. This includes allowing child visitation with their grandparents. Grandparents visitation rights can be granted during the time of […]

So you have successfully exerted your grandparents rights……now what? The reality is that certain practical considerations come into play.  You must know that there is the potential for financial problems to arise at any time.  Depending on if you are still holding down a job or have already retired it can be a different situation for everyone.  When you are raising your grandchildren, unexpected expenses may come up.  Some of these expenses are beyond your control such as childcare and healthcare. This can make you an emotional wreck if you cannot afford the extra money going out.  It is important […]

Courts convene to consider the extent of grandparents rights in any custody or visitation case, the one huge overriding factor is the standard of Best Interest of the Child. Courts in every jurisdiction across the country must consider the best interests of the child standard  when granting custody or visitation rights to a grandparent. The factors which determine that “best interest” are of primary importance to the court when considering what to do. Basically, if you are involved in this type of case the court will look at these factors above all else when evaluating how far grandparents rights extend. […]