Grandparents’ rights are about …
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visitation with grandkids (i.e. spending time with grandkids), and
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getting custody of grandkids.
These are two very different issues that fall under “grandparents’ rights.”
This article explains both issues and offers resources to assist you. I’ll start with visitation.
1. What are grandparents’ rights with respect to visitation with grandchildren?
Please keep in mind that each jurisdiction differs on this issue, however, typically as long as parents are good parents and the kids are not being harmed by not seeing their grandparents there is little grandparents can do to change the situation. Grandparents do not have legal rights to see their grandchildren.
Courts give parents a great deal of discretion when it comes to parenting and raising children.
The test courts usually apply in nearly every issue involving children is “what’s in the best interest of the children (grandchildren with respect to the grandparents)?” One could argue plainly that visiting with grandparents is definitely in the best interests of the children. That’s not always the case and courts find that giving parents a great deal of latitude is in the end i the best interests of the children.
Take the following scenario for example.
Parents of two children aged 6 and 8 are divorced. The children live with their mother and visit their father 3 weekends each month. The mother’s parents have not seen the children for 6 months. They aren’t pleased. The main reason the grandparents don’t see the children is the children visit with their father. The court would likely hold that visiting their father is more important than visiting with grandparents.
Now consider the situation where grandparents were once custodial guardians because the parents were not seen fit to parent and/or the parents disappeared. Then the parents or parent returns, has rehabilitated; become fit for parenting and is granted custody again.
In this case, the courts would more likely hold that because the grandparents were so involved in the children’s lives thatconsistency and stability for children dictates the grandparents should remain involved in the children’s lives.
The burden is on the grandparents to show that the best interests of the children are to visit with grandparents.
Solutions for grandparents
Maintain good relationships with the kids (parents of the grandchildren);
Hire a divorce / family law mediator; or
Learn your grandparents’ rights to visitation with your grandkids.
2. When can grandparents get custody of grandchildren?
Again, apply the best interest of the children test. There is no question that courts grant parents a great deal of latitude here. The burden to show that custody with grandparents is in the best interests of the children is on the shoulders of the grandparents. It’s not an easy burden to prove.
However, there are circumstances when grandparents will be granted custody. Obvious situations include:
- parents are in jail;
- parents die;
- parents are unfit typically due to substance abuse; and
- parents abuse their children;
- parents are unable to feed, clothe, and shelter their children (i.e. provide the necessities of life).
This is not an exhaustive list.
It’s not always easy for grandparents to gain custody; they must prove that it’s necessary.
If it’s shown the parents are not fit, then the grandparents may be subject to a custody evaluation. It’s not a sure thing that grandparents will be a court’s first choice for custodial guardianship.
That’s why, if grandparents seek custody, they must be know their grandparents’ rights for custody.