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October 13, 2011
In the USA there is no uniform grandparents visitation rights law. Each state has its own set of rules loosely based on a the 2000 US Supreme Court decision Troxel. In the state of Virginia, determining Virginia grandparents visitation rights is further complicated by the fact that there is no state statute dedicated to those rights. Instead Virginia addresses custody and visitation in the same set of statutes. The statutes refer to parents and to “persons of legitimate interest,” including […]
October 11, 2011
If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have common law grandparents rights to see their grandchildren if the parents object. And for the most part, these people are right in some respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However it is important to know that grandparents can be entitled to visitation rights with grandchildren in some cases. In […]
October 6, 2011
Texas’ concept of grandparents rights is in line with many of the other states I have examined. As always, to get the best overview of grandparents rights in the USA search through my website Caring Grandparents and read my book No Greater Loss. It pretty much goes without saying that everything behind grandparents rights can be incredibly emotional.When grandparents have to seek legal intervention to just see their grandchildren, emotions abound on all sides of the spectrum with the grandparents, […]
October 4, 2011
Grandparents in Michigan are entitled to grandparents custody and visitation under certain circumstances, but their rights may be subject to parental consent. Primarily, it is the child’s parents’ decision to determine whether a grandparent may visit with a child or not. Most often, grandparents will need to assert their rights only if they have been denied visitation by a child’s parents or custodian. Grandparents’ rights must serve the best interests of the child. If the child’s parent, who is related […]
October 3, 2011
As everywhere, grandparents rights in Louisiana are a complicated and tangled affair. I’ll do my best to explain the current situation. More information on grandparents rights in general and an explanation of many of these terms and legal concepts can be found on my website Caring Grandparents and in my book No Greater Loss. About 30% of adults in the U.S. are grandparents, and the number of children living with their grandparents has markedly increased in the last 20 years […]
September 29, 2011
One of the difficulties when dealing with grandparents rights is that the laws vary so much depending on your state. Grandparent rights in South Carolina have changed several times due to legal decisions. In some families, the grandparents are an important part of a family’s life and are able to see their grandchildren on a regular basis. In other families, though, the parents of the children may keep them away from the grandparents for their own personal reasons. The rights […]
August 22, 2011
In the state of South Carolina, the courts have the power to order grandparents visitation if a parent is deceased or if parents are divorced or living separately. As in all of the 50 states, the court must find that visitation would be in the best interests of the child. In addition, the court must find that visitation would not interfere with the parent-child relationship. The court is also directed to consider the nature of the relationship between the child […]
August 8, 2011
Grandparents rights in Wisconsin have been upheld due to a recent court case. The Wisconsin Court of Appeals has clarified that when Wisconsin’s “special grandparent visitation provision” applies, petitioning grandparents need not show a “significant triggering event” occurred in order to seek visitation rights of a nonmarital grandchild. You can see the details of the case here. The case is one of many across the country where grandparents rights are winning small victories or losing small defeats due to the […]
July 11, 2011
One of the most perplexing problems with grandparents rights is that they vary greatly depending upon what state court system you are dealing with. At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state […]