Grandparents Rights

When grandparents rights are implemented in the way they were intended a great amount of good is the result. Nearly every state in the union has some form of grandparents rights legislation and, according to every court case, custody evaluation, and case study I have read all of these state laws place the emphasis in the best interest of the child. If there was ever a win-win situation then this is it. If only life were that clear cut. My heart […]

In the news almost every day we learn of some very sad and nearly impossible to comprehend situations of child neglect and abuse.  Here in Charlotte North Carolina the other day a woman left her 4 young children sleeping completely alone in a home with a kerosene heater in the bedroom.  The house caught on fire and a seven year old daughter and 4 year old son survived but tragically their 1 and 2 year old brothers perished in the […]

One important aspect when it comes to the grandparents visitation rights is whether the state you live in is “restrictive” or “permissive” when it comes to the rights you have to see your grandchildren. All 50 states currently have some type of grandparent visitation rights statute through which grandparents can ask a court to grant them the legal right to maintain their relationships with their grandchildren. But individual state laws vary greatly when it comes to the crucial details, such as who […]

A lot of different factors go into determining grandparents visitation rights when it comes to grandchildren and the courts. There are some general guidelines for grandparents rights, but each state has different laws and factors. Case law shows that most states take into account the following factors when determining grandparents visitation rights: 1. The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child. 2. […]

It’s important for grandparent to understand their grandparent rights when dealing with visitation issues. Grandparent visitation is something that should always be available and yet is often not in difficult circumstances if you aren’t informed of your grandparents rights. It’s also important to know that the states differ on the extent to which parents have a right to control grandparent visitation. Some states focus on what is in the “best interest of the child” in making decisions about whether or […]

Grandparents who are actually caring for their grandchildren should take affirmative steps to protect their grandparents rights. This can often be done by obtaining legal guardianship over the grandchildren, or by actually obtaining an order of custody. Absent a formal legal grant of rights, grandparents may find it much more difficult to preserve their relationship with their grandchildren, or to protect their grandchildren from being restored to the custody of a parent who is not ready to assume responsibility for […]

There are many things that can happen that can cause a grandparent to lose the right to visit their grandchildren. For most grandparents nothing could be more devastating. Some of the things that can cause this unfortunate situation are divorce, the death of one or both of the parents, or just a disagreement with the parents. The reason it happens does not matter what does matter is that fact that the situation is detrimental to the grandchildren as well as […]

Over the last several years there have been  laws created in 45 states to give grandparents visitation rights.  There are laws like this now in almost every state.  Before then there was no such law and grandparents rights did not exist as far as having legal standing in the courts to even attempt to have visitation.  If a parent did not want a grandparent to see their grandchildren and tried to stop, any type of visitation there was no law […]

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 […]