GRANDPARENTS RIGHTS PERTAINING TO THEIR GRANDKIDS

Children supervision and visitation are typical responsibilities of parents and family, but not always. Grandparents are always entangled in raising children in most families, and sometimes they may be the primary caretaker of the child. It is well known that parents are the prominent figures in child supervision, but grandparents can also have their say with respect to visitation rights and even custody.

People have repeatedly asked what grandparents’ privileges are regarding their grandkids. This issue pops up almost instantly when grandparents are denied access to their grandchildren. The reality is that grandparents do not have an automatic right to contact with their grandchildren. However, family courts do recognize the invaluable role that grandparents have to play in their grandchildren’s lives. As such, it is very rare that the court would refuse a grandparent access to their grandchildren unless there is evidence of abuse or violence.

Can Grandparents Submit To The Courts For Permit to See their Grandchildren?

This is the number one question from people. There are only a few people such as parents, step-parents, or guardians who are allowed to apply for a contact order. Although grandparents’ privileges are limited, they can apply for permission of Contact Order and the courts will evaluate the following criteria:

1. The applicant’s relationship with the children or child concerned.

2. The essence of the request for contact.

3. If the request might be potentially dangerous to the child’s well-being in any way.

Every restriction requires courts to contemplate the best interests of the child before granting custody or visitation rights to grandparents. It is important to note that different states have different provisions for grandparent custody and visitation.

Grandparents are to check the provisions in the constitution in their different states to determine the conditions for visitation. Though several state legislations are similar, state judiciaries may apply statutory provisions differently. Here are some of the notable legislations on grandparents’ rights regarding their grandkids.

ALABAMA

The new bill enacted in 2016 states that biological or adoptive grandparents can arraign for visitation if the biological parents’ connection has been disbanded by death, divorce, or legal divergence, or if a petition for divorce or legal separation has been filed.

ALASKA

Alaska proposes two paths to grandparent barrier; pleading to unite a custody case or charging for visitation on your own. Decision of grandparent rights must be compelled in an action for divorce, legal separation, or child placement action, or when both parents have died.

ARIZONA

Arizona is among the states that exclude untouched families from grandparent visitation suits. A court may grant visiting rights if the parents’ relationship has been discontinued for at least three months, or the child is born out of wedlock. Adoption breaks off the visiting rights of the grandparents unless the adoption is granted to a stepparent.

ARKANSAS

The custody legislation requires that courts grant access “without regard to the sex of the parent but fully in congruence with the best interests of the children. Also, a grandparent must provide significant documents indicating a strong relationship with the child. Adoption eliminates all visiting rights of the natural grandparents.

CALIFORNIA

Grandparents cannot file for visitation rights in California especially when the grandchildren are living in an unbroken family unless specific conditions are met. These conditions include:

1. if the parents are living apiece
2. a parent’s location are hidden for a month or more
3. the child has been adopted by a stepparent or the child does not live with either parent. A grandparent may also request for visiting rights if one of the parents accepts the petitioner, one of the parents of the child is deceased, or if the parents are unmarried.

COLORADO

Colorado court may grant visitation rights if the parents’ marriage has been dissolved, and legal possession of the child has been given to a third party. Visitation rights may also be granted where the child has been placed outside the home of either of his parents, or the grandparent is the parent of a deceased parent of the child.

FLORIDA

Florida now allows visitation in an extremely narrow condition. Grandparents can sue for visitation if the parents of their grandchild are deceased, missing, or in a persistent vegetative state. Also, an extra provision allows grandparents to charge for visitation if the above conditions apply to one parent and if the other parent has been convicted of a felony or “an offense of violence-evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare.”

You can check your state legislation for the provision that applies to you. In many states, visitation rights are based on a preexisting relationship between the grandparent and the child. If you are a grandparent and wondering how you can get to see your grandkids more often, or be more invested in their lives, considering the legislation of your state is pivotal to taking the right approach to the issue.