Grandparent's Rights
In the United States, grandparent's right are legally referred to as Grandparent Visitation Rights. Before 2000, most states had broadly defined laws allowing grandparents to visit with their grandchildren despite death, divorce or estrangement from parents. However, following a U.S. Supreme Court ruling in a Washington State case, state courts frequently rule in favor of parents' rights to decide their child's best interest.
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U.S. Supreme Court Decision
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In a 2000 Washington State case, the U.S. Supreme Court ruled that parents who are not unfit should have the controlling decision in disputed visitation cases. This decision has forced many states to reconsider their grandparent visitation statutes, with respect to constitutionality. According to the American Bar Association's 2009 "Third Party Visitation" chart, many states still allow for grandparent visitation. However, who can apply for visitation, when and under what circumstances remains divergent.
State Differences
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Following the Troxel decision, California, Colorado, Connecticut, Florida and Ohio declared their grandparent visitation statutes unconstitutional. Other states such as Arizona, Mississippi, Missouri, Rhode Island, South Dakota and Tennessee require grandparents to prove visitation was denied--not merely limited--when requesting court intervention. More "permissive" states allow grandparents to petition for visitation even in step parent adoption situations, while Wisconsin will not order visitation over the objection of one of the natural parents, if married. To learn more about your state's grandparent visitation laws, see Resources.
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Court Procedure
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Each state requires grandparents to follow local court procedure when applying for visitation. To legally request grandparent visitation, you must fill out forms or draft motions, file them with the court and provide copies to any interested parties (i.e., parents). Most courts provide resources for those who wish to represent themselves in court (pro per). To find local court information, forms and self-help centers, click on this link (Resource 2).
Alternatives to Court
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Before considering court involvement, discuss alternatives with your grandchildren's parents. Options can include counseling, mediation and dispute resolution. Although there may be a monetary cost for these alternatives, the emotional and mental costs of court involvement can be unexpected and far-reaching. It is always better to reach agreement without judicial assistance, as the involved parties have a greater chance to decide what is beneficial for everyone.
Maintaining Contact
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Despite potential or ongoing legal issues, it's important to maintain contact with your grandchildren. Although parents may deny or limit visitation, there are other ways to stay in contact: send cards, letters, small gifts and photos. If you live close to your grandchildren, attend school functions, such as concerts, award ceremonies and sports events. Be respectful of parents' wishes, while attempting to establish or re-establish a relationship with them. Sometimes, an amicable discussion with your grandchild's parents can lead to reconciliation.
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References
Resources
- Photo Credit Image by Flickr.com, courtesy of Todd Baker
