Grandparents Rights Under Law to Visit Grandchildren
Provided by Child Custody Strategies Matter
Do grandparents have visitation rights?
The short answer is “yes, but.” The “but” is due to the many ways state laws place limitations under
which grandparents can be ordered to have access to the grandchildren.
In every state grandparents now have the right to ask for visitation or custody. Enough research has
been gathered over the years to prove that children need their grandparents and have problems as they
grow up if the grandparent-grandchild relationship is interfered with.
The difficulty is that, depending which state you are in, the grandparent may have to prove that the
child is in harms way or in some sort of danger in the absence of the visitations. The courts agree that
the parents are the fundamental care givers of the child so only a very compelling reason would be
enough for the courts to interfere in the parents right to raise the child. Therefore proving that the
parents right should in some way be interfered with in the best interest of the child can be an uphill
battle.
Laws vary from state to state as it pertains to grand parenting rights. The law of the state where the
child resides in is the law that applies. Some states are very generous in permitting grandparents to
petition the court for access. All they need to establish is that the visits are in the best interest of the
child.
Others allow filing for visitation only if the visits to the grandchild have been denied altogether. In
these states grandparents have no rights to ask the court to establish access if there are at least some
visits going on – no matter how infrequent they may be.
In other states grandparents cannot make a legal case unless they can establish that the grandchildren
lived with them for at time.
Still others require proof that the grandparent had a parent-child relationship in the past, meaning that
the grandparent often stood in for the parent.
This bewildering mosaic of requirements across the nation leaves a grandparent feeling overwhelmed.
Furthermore, the subjective nature of family law often results in decisions that are not in the best
interest of the child.
The most important thing any grandparent can do is educate themselves. That can be an intimidating
assignment but since there is so much at stake it is worth whatever effort it takes.
If you are in a custody battle for your grandchildren, whether or not it goes to court, it is important to
have the right information that is state specific. Knowledge is power and that was never more true
than in custody disputes. For state specific guidance that will help you feel confident and empowered
in the process of getting access to your grandchildren click here.
Grandparents Rights Under Law to Visit Grandchildren
Grandparents Rights Under Law to Visit Grandchildren