In an effort to understand what this 1983 GRANDPARENTS VISITATION RIGHTS hearing before the subcommittee had to look at to recommend legislation of a Uniform Act let’s hear again from Senator John East in his opening statement of purpose to the committee. This is a huge question; 2) “If grandparents are to be given access to courts to seek visitation rights, how shall these rights be framed?”
Here we get to what I consider to be the true crux of the matter. (THE BEST INTEREST OF THE CHILD). In Senator Easts words; “Let us presume that the decision has been made to draft. How shall these rights of access to courts be framed? The subject has been proposed in terms of Grandparents’ rights, although grandparents may receive what may be characterized more as a privilege that a right. In a sense then, proposing legislation in terms of rights may already misstate the principal concept. Clearly, grandparents wish to have access to their grandchildren because the pain of separation is as great for the grandparents as for the grandchildren. at least hypothetically. But an issue of rights? Maybe not. But even more to the point, law reform pertaining to the parent-child relationship, child custody, and related matters, has had, to date, quite another emphasis. That emphasis is upon the best interest of the child. The custody provisions of the Uniform Marriage and Divorce Act, the judicial standards of the Uniform Child Custody Jurisdiction Act, and every state’s most current statutes focus on the best interest of the child. This is the significant revolution in family law in our time.”
It is just this idea “THE BEST INTEREST OF THE CHILD”. that should guide every step in every procedure when it comes to Parent’s Rights and/or Grandparents rights. This, however, is not always reflected in the courts finding. As you can see there is a lot to consider and we are only two of six questions into the charge of this subcommittee. More to come.
THATNK YOU FOR BEING CARING GRANDPARENTS.
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