Grandparents Rights

Traditionally grandparents have not had rights to visitation with their grandchildren. Grandparents are not only having visitation rights now, but are able to take custody in some cases. Grandparents have to pick up the responsibility of their grandchildren on behalf of their children. Parents sometimes face not only divorce, but death, drug and alcohol abuse, as well as incarceration. Each state law will vary so be sure to research your state. Understanding your rights as the grandparents help you to keep your relationship should the parent want them back after being absent for an extended period of time.

Grandparents Rights changed in June 2000 when the Supreme Court issued a 6-3 decision on grandparents visitation rights in the Troxel v. Granville Case.

Courts in every jurisdiction must consider the "best interests of the child" when granting custody or visitation rights to a grandparent. In some states, the relevant statute provides a list of factors the court should considered when determining a child's best interests. Other states do not provide factors in the statute, but courts in those states have likely identified factors in custody and visitation cases interpreting the state statutes.

Some of the factors in what determines the eligibility the following factors are what is considered in case law, and state statues.

• The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child

• The capability of the parents and/or grandparents to meet the needs of the child
• The wishes of the parent(s) and the grand-parent(s)

• The wishes of the child, if the child is capable of making decisions for himself or herself

• The strength of the relationship between the grandparent(s) and grandchild

• The length of the relationship between the grandparent(s) and grandchild

• EVIDENCE of abuse or neglect by the parent(s) or grandparent(s)

• Evidence of substance abuse by the parent(s) or grandparent(s)

• The child's adjustment to the home, school, or community

• The ability of the parent(s) or grandparent(s) to provide love, affection, and contact with the child

• The distance between the child and the parent(s) or grandparent(s)