- In the earliest societies, a grandparent usually took care of the grandchildren in the event that one or both of the parents died. This was a natural and expected response, which was the common rule among the social order. As society changed and marriage laws became more laissez-faire, divorce and separation became more common, breaking the family structure. Other divisions came from a parent's incarceration, drug abuse, mental illness or death. Common law allowed grandparents to take care of the grandchildren in such events, but in the event that parents denied this natural response, grandparents turned to the courts for resolution.
- Studies have shown that children benefit from having a relationship with grandparents. The ideal, functional family would allow grandparents to visit with the children. In the event of death or other family divisions, the grandparent can provide for the welfare of the children. Children will adapt to the transition into a new home belonging to a family member, especially if the children already have a bond with the grandparents. Children can avoid placement in foster care or other temporary housing, which usually disrupts the child's education and may interfere with other critical developments.
- Every state requires a ground rule for cases involving grandparent visitation, which states that grandparents must show that visitation is in the best interest of the children. Connecticut, Hawaii, Idaho, Kentucky, Maryland and New York have lenient laws that require only the ground rules. On the other side of the fence, in Minnesota and Pennsylvania, grandparents have a legal case only if the children had lived with them at one time. In some states, grandparents only have a legal case if parents deny visitation entirely, while states such as Alabama, Florida, Iowa, Mississippi, Oregon, Rhode Island and Utah do not allow cases where grandparents seek more visitation time stemming from infrequent or limited visitation.
- Cookie-cutter solutions do not fit the needs of every family. In some cases, the parents view the grandparents as unfit, as family dysfunction may stem from the previous generation. The U.S. Supreme Court's ruling in 2000 overthrew Washington State's third-party visitation law, which supported grandparent visitation cases, under the ground rule. The Supreme Court stated that a fit parent can make the final decision about grandparent visitation. This ruling has no bearing on other states, as laws differ in each state.
- The whole family benefits if problems can be resolved amicably. If a parent refuses compromise or a resolution is not available, the family could benefit from help from a qualified professional, such as a family therapist or mediator. Family therapists can help resolve conflict and find solutions that work for all family members. It may be necessary for some family members to undergo individual therapy as well. A mediator sees each side of the argument and finds solutions that can benefit each family member. Futile negotiations may lead to litigation, but this should be the last recourse.
- The Fostering Connections to Success and Increasing Adoptions Act of 2008 helps grandparents adopt grandchildren, preventing children from being placed in a foster home if the parent cannot raise them. In addition, federal and state assistance programs help fund education, medical and legal services, if needed. Organizations such as the Grandparents Rights Organization and Grandparents as Parents provide resources for supporting grandparents seeking visitation or custody of the grandchildren.
