Many of my clients have asked over the years, as a grandparent, what rights do they have regarding grandchildren.
The relationship between a grandparent and a grandchild can be one of great joy and importance for both grandparent and youngster. But sometimes an event such as a parent’s death, divorce or estrangement can tear families apart and alter or sever relationships. After such events, the child’s parents or guardian may block any further contact with grandparents, who may need to take legal steps to maintain contact with the grandchildren they love.
Today, all 50 states have some type of grandparent visitation law. These statutes allow grandparents to ask a court to give them the legal right to maintain their relationships with their grandchildren.
Visitation statutes, however, do not give a grandparent an absolute right to visitation, and the laws vary widely from state to state on crucial details such as who may petition for visitation rights, under what circumstances a grandparent may file such a petition, and on what legal grounds the petition will be granted. Perhaps most importantly, a United States Supreme Court ruling gave priority to the wishes of the parents in resolving visitation disputes, and this ruling is changing state courts’ interpretation of visitation statutes
Some states have viewed visitation by grandparents as only a small infringement on the right of a parent to raise a child. Other states are more protective of a parent’s right to decide what is best for the child. There are no firm rules for determining when a court will grant visitation, every case is decided on its own facts and merits.
However, grandparents can take steps to improve their chances of gaining visitation rights. In deciding these cases, courts often consider the previous relationship between the grandparent and grandchild, and they look favorably on evidence of a consistent and caring relationship.
One way to avoid a court battle is to try professional mediation. In mediation, the disputing parties engage the services of a neutral third party to help them to work out a legally binding agreement that all concerned can live with. With Mediation, the disputing parties can control the process and they have a chance to explain their perspectives and feelings. By contrast, in a court of law, the judge makes a decision based on laws that may seem unfair to one or both sides.
The United States Supreme Court’s message is clear: The best way to have a continued relationship with your grandchildren is to have a good relationship with your children.
Be Educated! Be Proactive!
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