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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 […]
September 26, 2011
I think most people would agree when we look back at our own childhoods that Grandma and Grandad play a very important role in our lives, especially if they live close by and they are in regular contact. Suddenly removing this bond can be devastating to the grandchild and throw the grandparents into emotional turmoil. This situation can suddenly come about for many reasons and because of this every case has to be treated individually. Grandparents rights are dealt with […]
September 1, 2011
When you are trying to gain grandparents visitation rights, it really is essential that you do things correctly. If you don’t, the consequences can be devastating. You could wind up without regular visitation, or even no visitation. Of course, things could also go smoothly, but do you really want to take that chance? It is during the time of a divorce in which your grandchildren are involved that you need to act. During this time courts will allow both parties […]
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 12, 2011
Do grandparents really have the right to visit their grandchildren? In cases where they are denied access to their grandchildren, grandparents may be able to petition the court for grandparents visitation rights, but there are some restrictions on their ability to do so. The biggest obstacle to grandparents petitioning for visitation rights is a 2000 Supreme Court case, Troxel v. Granville, which struck down a Washington state law allowing third parties, like grandparents, to petition the court for visitation over […]
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 […]
August 6, 2011
Are grandparents rights slipping away from us? Are we losing them? This question comes at me more and more ever since the terrible Supreme Court decision of Troxell over a decade ago, and every time a battle for grandparents rights is lost or delayed in the courts or legislatures around the country. Grandparents rights are not something that are given to us. It is incumbent upon us to be proactive. I don’t mean that we take something from someone as much as […]
August 3, 2011
Are you in a situation where you feel you have lost the visitation rights to your grandchildren? Are you looking for a way to address that issue, legally or informally? The visitation rights of grandparents after divorce have been addressed many times by individual states for a variety of reasons. For one thing, advocates argue that grandparents provide a constant supply of support for children whose lives are otherwise disrupted by divorce. Advocates also argue that vindictive custodial parents may […]