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Custodial And Visitation Rights For Grandparents
November 1, 2009 | Leave a Comment
During the last ten years, state and federal courts have become increasingly open to considering the custodial and visitation rights of grandparents. In the past, these rights were all but denied to them. However, as the median age of the population climbs and the rate of divorce continues to escalate, the courts are gradually becoming more progressive in addressing grandparents’ rights.
There are many arguments for and against the right of grandparents to retain some level of court-imposed access to grandchildren. Below, we’ll briefly explain the respective positions of supporters and critics of these rights. We’ll also address why grandparents may want to seek legal guardianship of their grandchildren.
What Supporters Say
Supporters argue that grandparents can provide a level of constancy in a child’s life. The relationship between grandparents and grandchildren is one of permanence, especially vital to a young child when there is turmoil present in the child’s home. This may include the parents going through a divorce, coping with substance abuse, or one or both parents being incarcerated or dying. Also, proponents contend that once a relationship exists between grandparents and a child, severing the relationship can cause undue stress for the child.
What Critics Say
Detractors claim that the decisions made by a child’s parents (assuming the parents display competency) should supersede the perspective of the courts. That is, if the parents decide that the grandparents should not have access, the court – and by extension, the government – should not intervene.
Critics also argue that a parent’s decision to restrict the grandparents’ access to their grandchildren may be motivated by good reason. For example, if the child’s grandparents have emotionally or physically abused one of the parents, there is reason to believe they may do the same to the child. In such cases, their decision to deny the grandparents access to the child should not be overturned by the state.
Seeking Legal Guardianship
There are circumstances in which grandparents would be well-advised to proactively protect their rights by seeking legal guardianship of a child. For example, if a child’s parents are dealing with substance abuse, the grandparents may step in to care for their child. However, the child may be returned to the parents if they are deemed sufficiently capable of providing care, even if they are not. If the grandparents had legal guardianship, they could prevent this from happening.
Grandparents’ custodial and visitation rights are being given more attention by the courts than ever before. That said, there is still a wide variance of opinion between the states regarding the level of access that courts should enforce for grandparents. The child’s best interests must be served while considering the authority of parental rights. As the population continues to grow older, expect this field of law to attract even more attention.
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