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September 6, 2011
Grandparents raising grandchildren is not a new phenomenon. It is, however, a rapidly growing one. Census data shows that the incidence of increased grandparent involvement in raising their own grandchildren is getting more and more common. As of 2010 about 6 million children, nearly 8 percent of all children, were recorded as living with grandparents identified as head of household. That number is nearly twice what it was in the 2000 census. Sometimes grandparents must take over a child who […]
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 […]
May 23, 2011
More and more the subject of grandparents rights is coming up in our society. In my recent book No Greater Loss I took a detailed look at the current status of grandparents rights as well as giving some resources and advice to those in need. Here is some of what I found out in researching that book. Children are the best companions to the aging grandparents. In the past they were under grandparent’s custody irrespective of their parents alive or […]
April 1, 2011
A frequently asked question about grandparents rights is whether a grandparent who has been alienated from their grandchild by the child’s parents can seek visitation privileges with their grandchild. Whether a grandparent has a right to visit a grandchild is sometimes a complicated issue that varies by state. Whether or not a grandparent can petition the court for visitation rights to their grandchildren depends location and upon the circumstances present in their case. I go into great detail about these […]
March 8, 2011
Although most grandparents find the idea of being unable to see their grandchildren inconceivable. In actuality, however, thousands of grandparents have faced the loss of their visitation rights. Some have successfully negotiated, either in or out of court, for grandparents rights, including their right to see their grandchildren. Others have had to face the sad reality of going for years without the prospect of a visit. State statutes on the subject of grandparent visitation rights vary from statutes considered to […]
January 25, 2011
When it comes to grandparents rights different states have different standards. This is because the 2000 Troxell Supreme Court decision splintered the laws and advocates of fairness in grandparents rights have been trying to catch up ever since. All 50 states currently have some type of “grandparent visitation” statute through which grandparents, and sometimes others (foster parents and stepparents, for example), can ask a court to grant them the legal right to maintain their relationships with loved children. But state laws vary greatly […]