Custody by Non-Parents Part II: A Case in Point
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Gaining Grandparents Visitation Rights

Grandparents Visitation Rights

Grandparents visitation rights are now honored in all states even though the laws may vary from state to state. knowing your rights before you have to go into court is very important.Did grandmother and grandchildyou ever stop to wonder what would happen to your rights as a grandparent to see your grandchildren if you child were to die? If your child were to die you would be left to deal with their spouse and she or he might not see the need for you to continue being involved with their children. You are suddenly left at the mercy of someone other than your child. All 50 states now have grandparents visitation rights of some form. Every states laws may vary a little but they do have laws in place for grandparents. As a grandparent the burden of proof is on you to prove that it is in your grandchilds’ best interest to continue to visit with you.

I found this great information about grandparents visitation rights that I hope you will find useful and this is how the article goes…

States differ on the extent to which parents have a right to control their children’s upbringing. Some states have viewed visitation by grandparents as only a small infringement on the right of a parent to raise a child. These states focus on what is in the “best interest of the child” in making decisions about whether or not to allow grandparents to visit. In these “permissive” states, even unrelated caretakers can often petition for visitation rights, and grandparents can seek visitation even in cases where the family is intact (i.e., there has not been a divorce or a death in the family). In these states, courts may award grandparents visitation rights even if the parents object. Other states are more protective of a parent’s right to decide what is best for the child. These states have “restrictive” visitation statutes, meaning that generally only grandparents, not other caretakers, have visitation rights, and these rights may be pursued only if the child’s parents are divorcing, one or both parents have died, or the child was born out of wedlock. In other words, in these states the parents in intact families have the final word on whether or not grandparents are allowed to visit.  Still, the “best interest of the child” is the legal standard in most states for determining whether grandparents should be granted visitation.


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{ 2 comments… add one }
  • Karen Dill March 22, 2011, 12:08 am

    My son passed away and now our ex-daughter-in-law (she has remarried) will not let us have visitation with my son’s daughter (now 1 1/2 yrs old). Can I take her to small claims court and sue for alienation of affection, mental anguish, emotional distress, pain and suffering? I know we would probably not win any money–that’s not what we want–we just think this may have some impact on her that we are serious about visitation and will not back down. Any help or advice is welcome and appreciated.

  • jacquelyn April 4, 2011, 2:26 pm

    Karen, I am not an attorney so I can not give you legal advice but only my opinion by what I have learned.
    In my opinion small claims court is not where you need to be. Would you really want to get money for not being able to see your grandchild? If you are serious about getting visitation I wouldn’t try to run any bluffs,I would just search out my rights and contact a good attorney.
    If you go to the resources page on my site you can find links to several site that have legal information on visitation rights and the laws in every state.

    Sincerely
    Jacquelyn Dunn

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Custody by Non-Parents Part II: A Case in Point