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Grandparents Custody Rights And Visitation With Grandchildren

by jacquelyn on December 25, 2010

Grandparents Custody Rights

Best Interests of the Child

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.as a grandparent trying to gain visitation or custody you must always remember that the burden of proof is on you to prove you should have visitation and/or custody. Other states do not provide Granddaughterfactors in the statute, but courts in those states have likely identified factors in custody and visitation cases interpreting the state statutes. If you are not comfortable with the law part of the process you may want to hire and attorney. If you just can not hire an attorney you may want to invest in this information at “The Grandparents Rights Custody Center”. I have bought and used the information for there library and it has everything you need if you are willing to read,steady and take action.

The following factors in determining the best interests of the child are among those included in state statutes and CASE LAW:

  • Needs of the child, including  physical and emotional health of the child, the safety of the child, and the welfare of the child
  • Capability of the parents and/or grandparents to meet the needs of the child
  • The wishes of the parents and the grand-parents
  • The wishes of the child, if the child is capable of making decisions for himself or herself
  • The strength of the relationship between the grandparents and grandchild
  • The length of the relationship between the grandparents and grandchild
  • EVIDENCE of abuse or neglect by the parents or grandparents
  • Evidence of substance abuse by the parents or grandparents
  • Whether the child’s adjustment to the home, school, or community
  • Ability of the parents or grandparents to provide love, affection, and contact with the child
  • The distance between the child and the parents or grandparents

Gaining custody of your grandchildren can be a slow process but if you know they are living in unsafe conditions, please never give because you may be the only hope they have.


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{ 5 comments… read them below or add one }

Linda June 2, 2011 at 1:27 pm

I am about to engage in visitation rights with my grandsons, NON-biological grandfather – We took custody of him 3 years ago – We are now getting a divorce – he does not want to pay child support – nor do I want it – but feels that he deserves rights to set visitations – I had agreed to this, but he is not will to bend for special occations, practices the child is involved in, unseen events, etc. I have an attorney – he does not – Does anyone know of a case like this and the outcome of it???? Thank you

poppy June 10, 2011 at 2:45 pm

The South Carolina Court of Appeal in the unpublished opinion in Blackwell v Birket held that grandparents and parents cannot even agree that grandparents may have contact with their grandchildren without violating the state’s public policy. see bellasophie.com

Donny@hair loss treatment November 28, 2011 at 5:30 pm

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jacquelyn December 7, 2011 at 12:42 pm

Your case does have unusual conditions but their is one thing that I know for sure is that if the child’s best interests are kept in mind then all this should correct it’s self. If one is not keeping the child’s best interest in mind they may be thinking of themselves first.

Warmly
Jacquelyn

Diane@Credit October 18, 2012 at 1:28 pm

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I’m experiencing some minor security issues with my latest blog and I would like to find something more secure. Do you have any recommendations?

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