Where do I stand on grandparent visitation rights?

This can be a confusing question to answer. As far as state laws go, many states still allow for grandparents visitation. The problem with this is that there are only certain circumstances and situations in which a grandparent can file for visitation rights. Since the Supreme Court ruled in 2000 that parents that are, and this is important, “deemed fit” have the controlling rights over their children and rightfully so. Many states are starting to look into their grandparents visitation statues and whether they are constitutional.

Following the 2000 Supreme Court decision California, Colorado, Connecticut, Florida, and Ohio found that their statutes where unconstitutional. Arizona, Mississippi, Missouri, Rhode Island, South Dakota and Tennessee make grandparents prove that visitation has been denied when they petition the court for grandparents visitation rights. On the other hand, there are states that are more lenient. There are several states that are stricter that will not override the objection of a natural parent under any circumstance. This is why if you are thinking of going to court to force grandparents visitation rights you need to research the laws of your state which are described in the Grandparents Rights manual at the top of the right column on this page.

This is why that if you are considering going to court you need to go through other steps first and only go to court as a last resort. The first alternative to try is to resolve the dispute with your children without using the courts. This is the best route for all concerned. Some of the ways that this can be accomplished is by using counseling, mediation, or dispute resolution counselors. These methods are going to have a monetary cost but they can be the best solution and if you go to court, the judge is going to order counseling as a first step anyway. This way if you do have to go to court you have already done the first step, which will make your case go a little faster.

Of the utmost importance is for you to maintain contact with your grandchildren. If you go to court, you will have to prove to the judge that you have a close and ongoing relationship with the child so you have to keep in contact. Even if the parents will not allow physical visits, you can send cards, gifts, and photos through the mail, you can also attend sports events, concerts, and other public events that your grandchild is involved in anything you can think of to stay in touch with your grandchild will help if you end up going to court.

Please be Well and Happy. NEIL