Grandparents Rights
In recent years, the United States Supreme
Court and other courts throughout the
country have made grandparent’s
visitation rights much more difficult
to obtain. In years past, it was relatively
easy for loving grandparents to get the
right to see their grandchildren, even
if their children were divorced or separated.
It was necessary only to prove that such
grandparental visitation rights served
the children’s best interest.
Unfortunately, federal courts, state
courts and legislatures have recently
been modifying their laws to make it
more difficult, on the average, for grandparents
to see their grandchildren, when the
children’s parent’s object
to such visitation rights. Much greater
power has been given to the children’s
parents to determine whether the grandparents
can have any access to the grandchildren.
In some cases, grandparents present dangerous
or unsavory influences, and it is appropriate
for the parents to prevent the grandparents
from seeing the children.
In other cases,
however, the grandparents and the grandchildren
have a well-established bond, and the
children’s parents are unjustified
in blocking the grandparents from seeing
the children. Occasionally, these cases
can be resolved in settlement negotiations,
or with the assistance of a trained mediator.
Equally as often, however, it is necessary
to hold a hearing or a trial on the issues.
Because the law has been changing, grandparents
are well advised to research the current
state of grandparental visitation rights
in the location where their case is being
presented. A skilled family lawyer should
be retained for this purpose.
|