When you have children, you may automatically assume that you alone have rights regarding where your children can go and who they’re allowed to see. However, grandparents have rights in every state. In some situations, grandparents can gain custody of their grandchildren or receive visitation with their grandchildren through thecourts. Grandparent’s rights are not constitutional, however, and have only recently been acknowledged in state courts.
If your mother or father is trying to gain grandparents’ rights, here are a few things you need to know.
The rights grandparents have and their adult children’s parental authority can sometimes cause conflict if the grandparent is seeking visitation or custody of the grandchildren against the wishes of the child’s mother or father.
Troxel v. Granville
When it comes to grandparents’ rights, it’s essential to learn about the Troxel v. Granville case of 2000. Since this cause, the courts have been especially careful about granting grandparents rights when the parents of the children disapprove. In the Troxel v. Granville case, the court focused on third-party privileges to pursue court-enforced visitation with children. The verdict indicated that grandparents must meet certain conditions to spend time with their children. Grandparents’ visitation rights are granted according to how each state interprets the Troxel v. Granville case.
Pros of Grandparents’ Rights
Those who support grandparents’ rights believe that grandparents could provide a more positive and secure foundation for grandchildren, particularly after the parents of the children divorce or one or both parents die. Grandparents can also offer more stability and care for children, so grandparents shouldn’t be denied access to their grandchildren unless the child(ren)’s safety will be compromised.
Cons of Grandparents’ Rights
Individuals who are against grandparents’ rights argue that the state shouldn’t get involved with how competent parents raise their children. Those who oppose grandparents’ rights contend that some parents prevent grandparents from seeing their grandchildren for a good reason.
Settle the Matter Out of Court
Grandparents who seek visitation should attempt to negotiate with their children instead of taking the matter to court. Court battles among relatives can cause resentment that can last for years.
Keep the Children First
Grandparents and parents should always remember that the children should be the priority in this situation. Children don’t need to go through the stress of visitation disagreements between their grandparents and their parents. If grandchildren are granted time with their grandchildren, the time will be regulated by the state’s laws where the grandchildren live.
Grandparents Who Have Custody
Grandparents who have custody of their grandchildren should protect their rights by getting legal guardianship or requesting an order of custody from the courts. Suppose there are no legal regulations in place. In that case, grandparents may find it challenging to maintain their bond with their grandchildren and protect their grandchildren from being in the custody of a parent or parents who can’t properly care for the children.
Grandparent’s rights action can be time consuming and expensive, so you should carefully consider whether your case should be tried in court. For more information on grandparent’s rights and how these regulations can affect your family, contact rosenblumlawlv.com for a consultation with a member of our qualified legal team.