Grandparents Rights

Know what you’re entitled to

There was a time not so long ago when the term grandparents rights was never even thought of. Today, each state has its own set of grandparents rights to enforce. Many times, it’s the grandparents who are raising their grandchildren, or couples will divorce without taking the grandparents into consideration; thus certain measures had to be enforced. It was concluded that yes, grandparents do have rights to their minor grandchildren. The courts ruled that grandparents are a big part of the growth and development of a child, and that they are not to be forced out of the children’s lives (often just out of spite).

Prior to the new laws, grandparents really had no backup or support, and if they happened to be low-income grandparents they had even less of a chance of being heard. If that was the case, most children would be placed into the system, put in foster care or even adopted out as the grandparents couldn’t afford to retain council. Until recently, there was no legislation in place – but times have changed.

Even though they’re called grandparents rights, it also protects the children so that they can continue their relationship with their grandparents. Legislation looks at it as a way of preserving the extended family, which is of great benefit to the child. Many people were responsible for this decision, such as therapeutic and legal professionals, as well as various organizations and general concerned citizens who stepped up to the plate. Now grandparents have visitation rights (and related issues) in place – and they’re all recognized by the courts.

Litigation

Grandparents have the option of litigation, under certain conditions: the grandparent must be in good standing and all other means have been attempted to see the grandchildren and failed. The same scale a court would use to qualify a parent for visitation is used here. Unfortunately, many grandparents are either unaware of these new laws or feel that they might be excluded, but there is a very good chance that any grandparent who wishes to see their grandchildren will be able to if they ask the courts for help. In all cases, the courts will attempt everything possible to have the grandparents and parents come to an agreement before the case goes in front of a judge, for fear that the conflict among the two parties could actually harm the child even more.

In some cases the question of custody comes into play for the grandparent, if one or both parents are deceased. The courts will want to ensure that the grandparents are healthy and financially able to support the child (or children). They will also consider the age of the grandparents and if they have the overall ability to care for the children.

If you are a grandparent experiencing conflict with your family and you haven’t been able to see your grandchildren, research the newest laws in your state and consult an attorney.