Sometimes, familial relationships aren’t as serene as we would want. Sadly, some families experience a split that leaves people separated for years. We hope you never need to use them, but in the unfortunate circumstances when you may, it’s good to understand the rights that grandparents have. Often called “grandparents’ rights,” these rights shouldn’t be taken lightly, because they’re rarely used in happy times.
Even if you have grandparents’ rights, it’s often extremely difficult to act on them. This is due to them usually clashing with the rights and sovereignty of the parents. It should also be noted that grandparents’ rights differ from state to state. For state specifics, we recommend checking out your state’s rulings on grandparents’ rights.
Types of Grandparents’ Rights
Generally, grandparent’s rights tend to refer to fall into two specific categories: visitation rights and custody rights.
In these situations, courts could establish grandparental visitation rights similar to parental visitation rights in a divorce hearing.
Requests for visitation rights are relatively common since the types of circumstances in which one may request them are also more common. For instance, a child’s parent or guardian may decide to restrict or prohibit visitation to a grandparent in the case of divorce, the death of a parent, or even family arguments. In these situations, courts could establish grandparental visitation rights similar to parental visitation rights in a divorce hearing. Courts are likelier to grant grandparental visitation rights if the child’s “immediate family is no longer intact,” through divorce, death, or separation. They’re more likely to favor the parents’ decision, however, after the Supreme Court ruling in Troxel v. Granville.
Custody disputes are significantly murkier for grandparents’ rights. In these cases, it’s less likely for grandparents to be given custody of the child. Generally, the only cases where grandparents may successfully contend for custody involves the child already being removed from the home by Child Protective Services. If the parents have been deemed unfit and the child is being removed from a bad situation, the grandparents may then act as foster parents. It’s highly unlikely that grandparents can sue for custody and win against unwilling, “stable” parents. If grandparents do wish to sue for custody, they must win an uphill battle to prove the parents are unfit enough to remove the child.
The best interests of the child are usually the defining factor in all cases, visitation or custody.
Parents’ Rights vs. Grandparents’ Rights
One of the reasons why there are differences between each state’s grandparents’ rights is because there’s a fierce debate raging over the very concept of these rights. It’s understandable when you think about it. For some people, strong grandparents’ rights represent the siphoning off of parents’ rights. These people believe in what some call a parent’s “fundamental right to decide what is best for their children.” If a parent deems a grandparent unfit to see their child, opponents of grandparents’ rights believe it’s the parent’s right to restrict visits.
For some people, strong grandparents’ rights represent the siphoning off of parents’ rights.
The flip side of the argument, backed by groups like AARP, maintains that the relationship between a grandparent and grandchild is special and should be fostered. Individuals who have this point of view contend there may be situations in which the parents don’t want their child to see a grandparent due to a disagreement. In this sense, the parent may be using the child as a pawn in the greater family argument. In these cases, advocates of grandparents’ rights argue that there should be some recourse to maintain an important familial relationship.
Advocates of grandparents’ rights argue that there should be some recourse to maintain an important familial relationship.
The other types of cases in which advocates of grandparents’ rights push for rights involve custody disputes. This tends to occur in cases where the wellbeing of the child is at risk. Supporters argue that, in specific circumstances, grandparents should be able to sue for custody of the child if the parents are deemed unfit.
Taking Action
It’s very difficult to turn back once a court case of this type gets started. And family court can get ugly.
If you’ve decided to sue for visitation with or custody of your grandchild, there are a few steps you must take. First, be certain that this is the direction you want to go. It’s very difficult to turn back once a court case of this type gets started. And family court can get ugly. You may want to seek mediation or family counseling before going the legal route. Not only can they be emotionally devastating, but these types of lawsuits can also be very expensive and difficult to win. They should only be used as a last resort.
It’s important to note that we at the Shop & Enroll blog are not lawyers. If you choose to move forward with seeking rights, it’s a good idea to seek help from a professional. That being said, if you find that you have no other alternative, you can look into the specifics of your state’s grandparents’ rights laws. You’ll also want to seek local representation that you trust to help guide you through the process. It should help if your selected lawyer has dealt with this type of litigation before.
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Sadly, things aren’t always perfect in our familial relationships, no matter how hard we try to fix things. The relationship between a grandparent and grandchild can enrich the lives of both the grandparent and grandchild. We sincerely hope you never need the information in in today’s article. But, it’s better to have this information and not need it than to need it and not have it.
