There are grandparents who, for whatever reason, are denied visitation rights. For some, the reasons are just, but for many, they may not be founded on anything but irrational emotions resulting from an irreconcilable disagreement, death of a child, or divorce. This could be devastating to both the grandparents and the grandchildren. What recourse do grandparents have?

Recognition of grandparents’ rights by state legislatures is a fairly recent trend, and most of the statutes have been in effect for less than 35 years. At first, grandparents were given a broad range of rights which were eventually revised because they did infringe on parents’ rights. All fifty states have grandparent statutes covering visitation and custody. The statutes may vary from state to state, so grandparents would need to research the information for their individual state and the state where the child resides, if it is not the same. Some states will honor the residency state’s statutes.

There are general guidelines mentioned throughout the online articles (listed below) that seem to be the basis for determining grandparents’ rights. The burden of proof that the denial of visitation or custody would be harmful to the grandchildren usually rests on the grandparents. Of course, the foremost consideration should be that it is in the best interest of the child, including: the child’s emotional and physical health, grandparents’ capability to meet the child’s needs, wishes of the child, length and strength of the relationship between child and grandparents, etc.

According to the 2000 census, nearly two and a half million grandparents in the United States were heads of household with primary caregiving responsibility for more than four and a half million children. That doesn’t include the many who provide part-time care for their grandchildren. Because most young families need both parents working to make ends meet, the need for grandparent support is greater than it has ever been.

Children who have the benefit of a close relationship with grandparents who are able to provide stability and emotional support tend to do better in school and survive their teen years relatively unscathed, especially where there has been disruption in their lives. When grandparents have been a main source of support for their grandchildren, and a situation occurs to interfere with that bond, it can be harmful to the children. This is when grandparents must take steps to fight for their rights and for their grandchildren’s.

Resources:

• AARP: Grandparenting
• Grandparents Magazine
• Grandtimes.com/visit
• Free Advice:
• Enotes.com
• Grandparenting.org
• Grandparents for Children
• Grandparent Child Connect
• Grandparents Apart

Note: The resources above are to provide general information. You should consult with a lawyer who has experience in the area of grandparents’ rights in your state.