Where do grandparents rights come from?

Do grandparents have legal rights? If so, where do they come from?

The answers are that grandparents DO have legal rights although they are often very limited, and that they come from a variety of sources.

The reasons grandparents rights exist are founded in three basic legal principals. You can learn a lot more about this matter by reviewing the material available through The Custody Center.

The concept of grandparents’ rights is derived from three basic legal approaches.

Derivative Rights Theory

Derivative rights theory states that grandparents obtain their right to petition to visit their grandchildren by way of their own child. Statutes based on derivative of rights theory allow grandparents to have access to their grandchildren when their own child cannot practice his or her parental rights due to death, divorce, termination of parental rights, incompetence, unfitness, or incarceration.

Statutory Approach

Statutory approach allows grandparents to petition for visitation if various family disruptions such as divorce, separation, military duty, and death of parent happen to exist. In this way the government has a vested interest in reducing the number of children sent into welfare or foster-care.

Best Interest of the Child

The best interest of the child standard allows grandparents to petition for visitation against fit, intact families due to some extreme factor such as neglect, physical abuse, or drug abuse. This is the “gold standard” by which most grandparents rights issues are solved by the courts.

Even with these three basic standards parental rights are given more weight by the courts than grandparents rights. If you wish to exercise your grandparents rights you have to look closely into the matter. Please utilize the manual and other material available in The Custody Center to help you understand and obtain your grandparents rights.

NEIL