What Rights Do Grandparents Have in Custody Disputes?
In some families, the grandparents play a large role in the upbringing of their grandchildren. In others, the grandparents are not involved at all. When a couple goes through a divorce, the custody of the children may be arranged in such a way that the grandparents find it difficult to be a part of the children's lives. Some states allow grandparents to seek out their rights through the court system.
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History
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According to the Association for the Advancement of Retired Persons, at one time, when grandchildren were kept from their grandparents due to a divorce or death of a parent, grandparents were able to go to court to pursue visitation rights to the children. In many cases, as long as it was not damaging to the children, the court would rule in favor of the grandparents, even if the parents did not agree. However, in 2000, the Supreme Court ruled against grandparents rights in Washington, which changed things from that point forward.
State Variability
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With the Supreme Court ruling against grandparents' rights, each state was left to decide how it wanted to approach the issue. States such as California, Florida and Tennessee ruled grandparent visitation to be unconstitutional. Other states, such as Rhode Island and Wisconsin, view the cases on an individual basis where the relationship between the child and grandparent is evaluated and used to determine visitation rights. States like Missouri and Texas allow grandparents to file after they have been denied access for a specific amount of time.
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Proof
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The relationship of the children with their grandparents is often taken into consideration when looking at these cases, especially in an instance where one parent has passed away and the remaining parent is denying visitation to the grandparents from that side of the family. It is up to the grandparents to present this proof to the courts to gain visitation rights. Some states only require that you prove that you have seen the children frequently and have a good relationship with them. Others require that you have actually physically cared for the children in the stead of the parents, such as living with them or watching them while the parents worked.
Assistance
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It can be a difficult road for a grandparent who tries to pursue her rights through the court system. The Grandparents Rights Organization was created to help grandparents to know what their rights are and how to pursue them. When a grandparent becomes member, the organization sends a brochure that describes the laws and process for the appropriate state. The organization can give legal help to those who live in the state of Michigan, but for those who live in other states, they can offer a referral for an attorney in the appropriate state. It is always a good idea to use an attorney for this type of case because it can be a difficult process and each state varies in its process.
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References
- Grandparents: Do Grandparents Have the Rights They Should?; John Bringardner
- Senior Magazine Online: Grandparent Visitation Rights with Minor Children
- Grandparents Rights Organization
- Association for the Advancement of Retired Persons: Grandparents Ride Seesaw Over Visitation Rights; Christopher J. Gearon
- Expert Law: Grandparents' Visitation Rights; Aaron Larson; 2003
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