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.