What are your grandparents rights, and how to protect them

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neil

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 the best interests of the grandchild, and, maybe, will also need to show that the grandchild will be harmed by the lack of contact with the grandparents. It is important to remember that to the courts it is not the interests of the grandparent that counts, but the best interest of the child every time.

Because there is a presumption that a fit parent will act in the best interests of his/her child, in order for a grandparent, or any other party, to have the opportunity to avoid dismissal of an application to a court for visitation, there must be extraordinary circumstances where equity would require such relief.

To learn more about what these are and how they may apply to you and your grandparents rights go to The Custody Center for more info. They have the resources to help you and can explain exactly how you can go about defending your grandparents rights in your particular case.

NEIL