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What Are Grandparents Rights

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You, as Grandparents, have rights concerning visitation with your grandchildren when the unhappy event of divorce occurs. Do you know what those rights are and how to assert them? If you are in the untenable position of not being allowed to visit with your grandchild(ren), then you seriously need to do your homework and find out what your rights are, before some high minded, high paid legislator makes it worse and takes them away! KNOW the laws in your state concerning grandparental visitation and custody rights.



For now, you are safe...

1.A majority opinion written by Justice Sandra Day O'Connor, held:

"Because much state-court adjudication in this context occurs on a case-by-case basis, we would be hesitant to hold that specific non-parental visitation statutes violate the Due Process Clause as a per se matter."

Translation: They hesitate to say "that specific statutes violate Due Process." In this case, the Due Process of Family Law.

Since 1982, the arguments swirling around grandparents' rights have been hotly debated. Should a divorce or legal separation be in place PRIOR to any grandparents' abilities to intercede or EVEN TO VISIT? A court in Michigan (MCL 722.27b) said that, for the purpose of giving grandparents a chance to file for visitation right, a child custody dispute would still be pending, EVEN AFTER THE DIVORCE HAD BEEN GRANTED!

2.What States Have These Rights?

Well, since the Federal Supreme Court of the United States of America held that Justice O'Connor's opinion held true, these rights are now recognized in every State of the Union. Every State in America agrees that grandparents have legal rights, too, when it comes to visitation with their grandchildren.

3.And what about non-biological, but nevertheless family-connected relationships? (Yes, even non-bio grandparents have certain rights!)

In doing some research, I discovered that the highest percentage figure for non-maternal custody was 15 assumes the other person with custody is the just the father. This is simply not true. The national CSE office, reporting the number of clients receiving Child Supports payment, reports that the other 15 fathers. The other 7% are non-biological parent, such as aunts, uncles and grandparents.

Granted, this is not about visitation issues. It's about custody. But readily and freely available information on the Internet about non-biological grandparents rights for visitation is simply not available.

So WHERE are you going to find the very information you so desperately need? It's going to take a lot of footwork, emailing lawyers across the country, talking to as many Grandparents Rights organizations as you can find (there aren't that many!). I tried a search for grandparents' rights on groups.google.com There were a few groups there. Sadly, most of them had only one or two members. The most membership I saw was 29. Somehow, I don't think they've got the resources you need.

The easier route would be to look for someone who has already done the footwork and research FOR YOU.
What Are Grandparents Rights
You can't always be held responsible for what happens in your own childs life but you can bet if there are grandchildren involved it will affect you as much as them. I have heard many stories of visitation rights being denied and it would appear that grandparents rights are dealt with differently in each state and are often very confusing.

I think most people would agree when we look back at our own childhoods that Grandma and Grandad play a very important role in our lives, especially if they live close by and they are in regular contact. Suddenly removing this bond can be devastating to the grandchild and throw the grandparents into emotional turmoil.

This situation can suddenly come about for many reasons and because of this every case has to be treated individually. What is confusing for everyone is that every state's laws are different with regard to grandparents rights. What does seem to be uniform across the states is that if the wishes of the grandparents are deemed to be of benefit to the well being of a child then they will be taken into account and petitions will be heard as they are seen to have a legitimate interest.

But, parents' wishes will very rarely be overruled and if a grandparent still feels that the child's welfare is at risk they will have to prove categorically that their lack of visitation rights will adversely affect the grandchild's health and well being. Whilst making an impression in court everyone will be showing their best colours and unless you have previous documented and acurate proof the process will be difficult.

All of us hope we will never be put in this situation of losing contact with our grandchildren and having to look at what grandparents rights are all about. It is a special relationship between grandparent and grandchild and often very close. As a grandparent we may usually find we have more time to enjoy our quality time together because we are not working and we certainly have more wisdom, knowledge and experience than we had with our own kids.

Like everything else, we all think it could never happen to us, don't we? -Relationships with your child and their partner couldn't be better at the moment but consider what would happen if circumstances changed. Consider the following possibilities:

1) Your child dies and the 'in-law' marries again and moves away.

2)The biological parents die and the other grandparents are given custody and feel it is in the grandchilds interest to break all ties with you.

3) The parents divorce and your own child has been refused visitation rights.

4) The parents put the grandchild up for adoption.

As the procedures to obtain custody or visitation rights are complicated it is sensible to appoint a local attorney with experience in Grandparents rights.

The best way for the grandparent to address the problem is to first try to work with the parent, parents or custodians to stay in the child's life. If there is a concern about the welfare of the child, the best way to keep an eye on the situation is for the grandparent to remain involved. Even if the grandchild has moved across the country, grandparents should try to maintain contact with the child on a regular basis by phone, letters and cards or email.
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About Author
Both Ella Corday & Roy Carter 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.

Ella Corday has sinced written about articles on various topics from . Ella Corday is an established author, Web Developer and, most importantly, a GRANDMOTHER who has been down this road. Find out what she knows at
All The States Of India
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