The basis for grandparents rights

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 issues.

It is not an easy road. In order for a grandparent to obtain such grandparents visitation rights, grandparents may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child’s health and welfare.

Since parents have an established elementary right to the care, custody and supervision of their child, the grandparents usually have to show that there is a satisfactory reason for the court to intervene. Therefore it can be difficult to prove such harm to the child.

Some courts also fear that allowing grandparents a peripheral visitation right could be harmful to the authority of the parents. Such a ruling could in fact create family quarrels that could be even more detrimental to the child or diverge from the best interest of the child. That is why courts often recommend that parents and grandparents reach an agreement out of court.

However, in most states under specific circumstances grandparents can be granted visitation rights to see their grandchildren. The laws related to grandparent visitation rights are always changing and developing.