Grandparents Legal Rights
Grandparents' legal rights are hard to define, and most states vary on what they think is fair. Depending on if you just want visitation rights or if you want legal custody also determines what avenues you need to follow to make sure that your rights are recognized and enforced.
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Getting visitation rights
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Grandparents are able to be given visitation rights, but it must be ordered by a court. Parents are given rights solely because it is their child; grandparents have to work for any rights that they might receive. In order for a grandparent to be granted visitation rights, he must prove to the court that the child will be harmed (either physically or emotionally) if he is not permitted to see the child.
Obtaining legal custody
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In some situations, the grandparent has to step in to take care of the child. This usually occurs when there is a death, the parents are incarcerated and going through rehabilitation and also if a grandparent deems the parent unfit. Getting legal custody is usually tricky for a grandparent, especially if there is a birth parent still living. In this situation, get a lawyer who has a background in dealing with grandparents' rights.
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Court case
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In 2000, there was a Supreme Court case, Troxel v Granville. In this case, the court came to some conclusions for third parties (such as grandparents) who are seeking legal rights with the grandchildren. The decision made was that there are prerequisites that need to be met for any court decision to be made on third-party rights.
Protecting your rights
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There are circumstances when a grandparent is already looking after a child. In this case, it is important to obtain legal rights so that there is no question about who is responsible. Once the parent is at a point where he can raise the child again, it is important for the parent and grandparent to work together to make sure everything is done in the best interest of the child.
Some things to remember
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While you as the grandparent might think you would do a much better job raising the child, you must do what is best for him. Don't bad-mouth the parents when they are not around, and don't put the child in the additional trauma of switching their living arrangements all the time. To gain legal rights, you must prove that it is harmful for the child if you do not have them, but the parent might also have real reasons why they are keeping them away.
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