The world has changed dramatically in the last decade and we are now seeing more divorce cases than ever before but what about the Grandparents rights? Some may say it's a good thing that we should be able to move on from a relationship where we are not happy and we should be pleased that the process has been made easier for the couple concerned, but what about everyone else who is involved in this relationship?
Everything becomes more difficult and very messy for both the children involved and the grandparents. It seems all too easy to forget that grandparents will have their worlds knocked upside down if they have enjoyed a close relationship and it would appear that things are made even more difficult to ascertain Grandparent's rights as each state has its own precedents.
It is a stressful time for everyone. As a Grandparent you may have your own worries about your grand child's welfare and how you are going to obtain visiting rights. Or, you may even have a worry about the children being abused or their welfare being pushed to one side because of parental custody battles.
We all search into the dark side, especially if we think our relationship is at risk. We ask ourselves:
1) Are we going to be allowed visitation rights if the children are taken by the 'in-law' parent?
2) Are the children being neglected because of the divorce issues?
3) What options do you have as a Grandparent regarding their welfare?
4) What Grandparent rights do you have?
Well the good news is that it would appear that Judges are now listening more to the children concerns and what is in their best interest. As a Grandparent that has had a cherished relationship with a grandchild it is natural to experience fear as to what the future holds for your loved ones. The 'in-law' may have won custody and you have fears for never seeing them again or the fact that they are being disciplined by a stranger and expected to change a lifestyle. The other Grandparents are allowed access but you are having problems making contact. The kids themselves, confused as they, are may even think you have abandoned them!
As a Grandparent, maybe the dirty washing wasn't aired in public in your day but thank goodness for Grandparents and the children concerned that judges are now willing to listen to all sides of the emotional roller coaster. Grandparent rights are being looked at seriously as a positive step towards helping children come to terms with their changed circumstances.
Many grandparents today are facing the heartbrake of being unable to continue a special relationship with a grandchild because of a change in circumstances in their own childs life. What makes no sense at all to them when they try to research the subject of custody is that every state in the U.S has it's own laws and regulations. Nothing is straightforward and finding out where you stand can be like trying to thread a needle in the dark.
So, the first step, whatever your particular circumstances are is to research and understand the law in your state. General information is not enough and an experienced local attorney should be consulted to help you through this extremely complicated situation.
You could be seeking custody of a grandchild because you feel the child's welfare is threatened. The courts will expect you to provide detailed proof of your claims and this is where the process can be difficult.
What if you feel one of the following situations has arisen:
- The parents are drug or alcohol abusers
- The grandchild is frequently left alone without adequate parental control and care.
- A parent or parents is dealing with mental illness.
- Suspected child abuse by a parent or parents.
It is not as simple as you may see it. To the grandparent it may seem perfectly clear that the court will deem the child is at risk and should therefore come and live with them. But the situation will be assesed on what is in the childs best interest and the following aspects will be taken into account when deciding upon the grandparents rights:
Who The Grandchild Should Live With:
- Just one party i.e. in the grandparent's house only (sole physical)
- Split the living between two parties i.e. with the grandparents and with the biological parents (Joint physical)
The court may decide that this physical custody is not deemed necessary where the grandparent is concerned and may grant legal custody on a joint or sole basis only. Legal custody allows decisions to be made regarding such matters as education, health, religion and day to day activities.
As you can see, nothing is straightforward and grandparents rights are viewed on a case by case basis. The situation can be traumatic for the grandparents and the grandchildren and whatever the outcome there will be pain, upset, distress and even anger for all involved.
Seek skilled legal advice from someone in your locality qualified to handle grandparents rights. Only a qualified attorney can assess the merits of your case. Grandparents rights issues are complex and difficult not to mention mentally exhausting.
Roy Carter has sinced written about articles on various topics from A Secured Loan, Brain Tumor and Management Software Solutions. If you are worried about your present situation and you require advice, the is designed to let Grandparents know their legal ri. Roy Carter's top article generates over 33100 views. to your Favourites.