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June 25, 2010
More grandparents are becoming educated with strategies and information about how other grandparents are winning custody and visitation rights in the family courts. If you are a concerned grandparent seeking information and strategies on grandparents rights and how to win grandparents visitation rights or custody you would do well to go to a resource like The Custody Center and get the information you need. Don’t wait until you go to court to find out what will happen as that may […]
June 16, 2010
In June of 2000 the Supreme Court issued a 6-3 decision on grandparents visitation rights in the Troxel vs Granville case. This ruling canceled out a Washington State law that permitted judges to grant visitation to any interested party so long as the visits were in the best interest of the child — even if the parents objected. The Troxel vs Granville decision was confusing because while the majority of the justices agreed that Troxel should be decided a certain […]
June 11, 2010
Under the constitution, grandparents have no legal rights spelled out. According to the constitution a parent that is found to be fit has the controlling decision over the children even if that includes alienating them from their grandparents. The good news is that the laws of most states do give grandparents rights in certain situations. If you are a grandparent, it is wise to learn the laws of your state, as well as the laws in the state in which your […]
June 6, 2010
Many different factors go into determining grandparents visitation rights when it comes to grandparents, grandchildren, and the courts. There are certainly some general guidelines for grandparents rights, but each state has different laws and factors. Case law from the courts shows that most states take into account the following factors when determining grandparents visitation rights: * The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of […]
May 28, 2010
Grandparents visitation rights can differ in different states, and circumstances certainly matter. Generally, if it comes to the courtroom grandparents must prove that they should indeed have visitation rights with their grandchildren based on the particular circumstances of the case. Here are some different circumstances that grandparents often face when considering these issues: Previously Cared for Grandchild Grandparents can be granted grandparents visitation rights if they previously cared for the grandchild. In cases like this, the grandchildren may have stayed […]
May 27, 2010
Many state statutes contain no set guidelines for granting visitation rights to grandparents. In the absence of any such guidelines, most judges grant visitation when it is in the best interests of the child. The importance of preserving and maintaining an existing relationship between the child and their grandparents will be weighed against the custodial parent’s need to exercise their parental rights and veto such visitation if they desire. There are several factors which judges consider: Is there an existing, […]
May 25, 2010
One of the things that can be most confusing confusing when addressing the issue of grandparents visitation in court are the difference in state statues and practice, depending upon where you live. To figure out exactly which laws the courts in your states much follow when dealing with grandparents rights, visit The Custody Center. Different state statutes providing visitation to grandparents generally require that a number of conditions occur before grandparents visitation rights can be granted. For instance, the marital […]
May 21, 2010
The legal controversy pertaining to grandparents rights is relatively new and filled with uncertain case law. Unfortunately for grandparents, the law is often not on their side and grandparents may have little opportunity to protest. In some states this is more true than others. In some states grandparents can institute a court proceeding to seek to obtain visitation with their minor grandchildren. But grandparents need to overcome the public policy precedent of allowing parents to raise their children as the parent or parents […]
May 18, 2010
Everyone of our 50 states once had laws that gave grandparents the right to ask the court to consider their request to visit their grandchildren, but that was unfortunately the past. Courts in many places have made grandparent visitation far more difficult to get from a legal standpoint, deciding that the concept goes against the rights of the parents. However, in some states grandparents visitation laws have been upheld by the courts. In those states grandparents still have to prove […]