When you have children, you can automatically assume that only you have rights regarding where your children can go and who they are allowed to see. However, grandparents have rights in every state. In some situations, grandparents can obtain custody of their grandchildren or receive visitation with their grandchildren through the courts. Grandparent rights are not constitutional, however, and have only recently been recognized by state courts.
If your mom or dad is trying to get grandparent rights, here are some things you should know.
Potential conflict
The rights of grandparents and the parental authority of their adult children can sometimes cause conflict if the grandparent seeks visitation or custody of the grandchildren against the wishes of the child's mother or father. /P>
Troxel c. Granville
When it comes to grandparent rights, it is essential to learn about Troxel v. Granville in 2000. Since that case, the courts have been particularly careful to grant rights to grandparents when the children's parents disagree. In Troxel v. Granville, the court focused on third-party privileges to pursue court-forced visitation with the children. The verdict said grandparents must meet certain conditions to spend time with their children. Grandparent visitation rights are granted based on how each state interprets Troxel v. Granville.
Benefits of Grandparents Rights
Those who support grandparents' rights believe that grandparents could provide a more positive and secure foundation for grandchildren, especially after the children's parents divorce or one or both parents die. Grandparents can also provide more stability and care for children, so grandparents should not be denied access to their grandchildren unless the safety of the children is compromised. /P>
Drawbacks to grandparents rights
People who oppose grandparents' rights argue that the state should not get involved in how competent parents raise their children. Those who oppose grandparents' rights argue that some parents prevent grandparents from seeing their grandchildren for a good reason.
Settle the matter amicably
Grandparents requesting visitation should try to negotiate with their children instead of taking the matter to court. Court battles between loved ones can cause resentment that can last for years.
Keep the kids first
Grandparents and parents should always remember that children should be the priority in this situation. Children don't need to go through the stress of visitation-related disagreements between grandparents and parents. If grandchildren are granted time with their grandchildren, the time will be governed by the laws of the state where the grandchildren live.
Grandparents who have custody
Grandparents who have custody of their grandchildren should protect their rights by obtaining legal guardianship or seeking a custody order from the courts. Suppose there are no legal regulations in place. In this case, grandparents may find it difficult to maintain their bond with their grandchildren and protect their grandchildren from custody by one or more parents who cannot properly care for the children.
Grandparents' rights litigation can be time-consuming and expensive, so you should carefully consider whether your case needs to go to court. For more information about grandparents' rights and how these regulations may affect your family, contact rosenblumlawlv.com for a consultation with a member of our trained legal team.
