Divorce Guide

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Grandparents Child Custody Rights

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Grandparents feel out of touch when it comes to issues of child custody and divorce. While they undoubtedly love their grandchildren, the tension involved with a divorce can cause them to be overlooked by the natural parents. But what many grandparents don't know is that they too have a say in the custody hearings. Every state now recognizes grandparents as immediate members of the child's family. This means they can fight for things like visitation rights if they don't feel like they have been treated fairly.



In cases where both parents are dead, or for instances neither parent can provide a suitable home, grandparents can be considered for legal custody. The court always looks to place children with a blood relative whenever possible. The process gets slightly more complicated when there are multiple siblings and grandparents who qualify, and in these cases a formal custody hearing with all parties is conducted. Parents who would prefer to have their parents look after the children in the event of death should make sure they have the proper legal documentation in place to expedite the process.

Visitation for grandparents after a divorce is an issue is much more common these days. Many spouses will try to use the children as bargaining chips for their own selfish desires. There are cases where the grandparents are blocked from seeing their grandkids only to spite the other family. Not only is this tactic immoral, but it is also illegal in most circumstances. Grandparents who feel like they have been unfairly excluded should research their rights and get involved with the agency who is handling the divorce case. By making the court aware of the situation in the early stages it is possible to avoid long-term problems down the line.

Petitioning for grandparents custody or visitation rights requires that they show a history of involvement with the child as well as sufficient means to care for them. While visitation rights are rarely denied in court, they can be granted with restriction. For example, the judge may require a parent be present for all custodial sessions or they may grant partial custody, which allows for unsupervised visitation for a certain amount of time each month. If the grandparent believes there will be issues with securing visitation time then they should make it a priority to seek involvement with the custody hearing. In the event they get resistance from either parent then the next step is to hire an attorney and file their own petition for custody.

There are many different types of child custody situations, but the one that receives the least amount of discussion are those that involve grandparents. Most people would agree that the love and nurturing of a grandparent is an important part of a child's development. Having exposure to the experiences and knowledge of our elders helps us to navigate the through the peaks and valleys of life. Unfortunately there are rare scenarios when one or both parents try to prevent the grandparents from seeing their grandkids. This can be a stressful situation to deal with, but the grandparent should recognize that they do have rights, and they are entitled to use these rights to gain visitation privileges.
Grandparents Child Custody Rights
A world that had hitherto been stable and secure can suddenly seem to fall apart with uncertainty looming ahead. Even in the case of an amicable divorce, the children from the marriage do suffer. If the divorce is messy then it can cause irrevocable damage to a child's confidence, his thoughts and his belief.

Mine, Yours and Ours

When a couple decides to get divorced, material things can easily be shared. Even a house can be divided if the need arises but when children are involved, deciding on custody is an extremely painful experience for both, the children and the parents. The very foundation of a child's life is shaken. A child does not know what to hold sacred, who to trust, what to look forward to and to make matters worse, more often than not has to choose between the two people he/she loves most in the world. A father who a child loves, trusts and adulates may have betrayed the trust of the mother who is the center of his/her world. How then can they possibly choose without feeling torn apart?

Joint Legal Custody

In instances where parents try to minimise the repercussions of divorce to their children, they usually go in for joint legal custody. This scenario is also known as shared parenting where the children shuttle between their parents and spend equal time with each of them. While this is perhaps the most amicable solution in the aftermath of a divorce, it definitely does not mean that all is now back to being perfect for the children. While some children could learn to take the new situation in their stride, happy to at least have time with both parents, there are children who become increasingly unsettled and feel a deep need to have a single home with both parents. Most children display distinct reactionary behavioural patterns post divorce. Even when they share equal time with both parents, they can get resentful, moody and withdrawn. It takes a lot of joint effort and commitment from both parents to re-build lost confidence.

Sole Legal Custody

When a divorce is the result of abuse, alcoholism, crime etc, authorities can decide to favour the more stable parent with sole legal custody which means there is very little any involvement at all of the parent without custody. While the rationale behind this is to secure the child's future and keep him away from an abusive, irresponsible parent, the fact of the matter remains that the child is deprived. Single parents have to make a hundred times more effort to give a child a sense of balance.

Custody Issues

Couples getting a divorce, despite having joint legal custody can decide to allow a child to live with one parent. This is usually done to give the child a greater sense of stability, though all decisions involving the child are jointly made. However, when custody is shared and children divide their time between parents, it could sometimes mean spending a few days of the week under one roof and the rest under another.

Joint custody becomes extremely difficult emotionally and logistically, if one parent moves to a different city or country. Physical distance puts paid to the best plans and the child will miss out on one parent while growing up.

Mothers have historically been considered the better parent to hand over custody. This however does not necessarily have to be true in every case. If a woman is an alcoholic, career obsessed, mentally unstable etc, she definitely will not be able to give the child a secure upbringing. Even in cases where the mother is perfectly capable, a particular child might need the firm and reassuring presence of the father.

Single fathers may not be the first choice to raise a child but in an emancipated world, where men and women are on equal footing, a man could have the qualities that can give a child a good home environment. A single father, who takes it upon himself to be there for his child and not let his career and other interests come in the way, can be a great home maker.

Increasingly one hears of gay men adopting children and doing a great job bringing them up. If a situation requires that only a single parent brings up a child, it should be the most responsible parent and not necessarily only the mother.
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Both Brandon Brewer & James Walsh are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Brandon Brewer has sinced written about articles on various topics from Child Custody. No one should keep you from participating in your grandchildren's life. Learn more about by visiting. Brandon Brewer's top article generates over 4400 views. to your Favourites.

James Walsh has sinced written about articles on various topics from Small Business, Binding Machines and Divorce and Infidelity. James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie see. James Walsh's top article generates over 368000 views. to your Favourites.
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