Introduction
Changes in laws regarding visitation by grandparents in your state? Many grandparents are striving to have a good relationship with their grandchildren. Unfortunately, the laws regarding visitation by grandparents and their rights as opposed to those of parents are often unclear and changing.
Our law firm can help you find out what protections are available to assist you in attempting to have a good relationship with your grandchildren.
Have your rights as a grandparent been trampled? Let us help you to stand up for your rights as a grandparent.
Define Grandparent Rights: Understanding Legal Protections
As a grandparent, there’s nothing better than being close to your grandkids, and nothing worse than being kept away from them. Many older relatives are struggling to maintain a relationship with their grandchildren, and are denied visitation by the kids’ parents. In some cases, grandparents even want to take care of their grandchildren and have them placed in their custody. To get visitation or to gain custody of their grandchildren, older relatives typically have to go to court to have their rights determined. However, because the laws regarding the rights of grandparents to see their grandchildren are so very different from state to state, it can be quite difficult to determine the rights of grandparents.
Legislation to recognize the importance to a child of having a relationship with his or her grandparents and other older relatives of the child has been recently enacted in North Carolina and in Florida. HB 1119 in Florida, for example, allows for grandparents and other older relatives of a child to seek visitation with the child in circumstances other than upon the death of both parents to a child or both parents of the deceased parent of a child.
There are a multitude of reasons that children would benefit from having grandparents in their lives. The courts of North Carolina have recently recognized the rights of older relatives of children and have sought to facilitate relationships between children and their older relatives. However, to seek visitation with their grandchildren, older relatives must be able to establish that they have an adequate relationship with their grandchildren and that visitation would be in the children’s best interests and that denial of visitation would cause greater harm than granting visitation. It is beneficial for families to consult with a family law attorney to understand the rights of older relatives and to develop strategies to help the older relatives preserve their relationship with their grandchildren.
Mediation is also encouraged to help solve disputes within families to maintain relationships. Therefore, an older relative who wants to obtain access rights to children of their son or daughter should acquaint themselves with the requirements for such rights as well as with the procedure to claim them in order to better prepare themselves for their fight to maintain their relationship to their grandchildren.
Contextualize Grandparent Rights in Family Law
No group of individuals is as powerless as that of older relatives of children. In most instances, their rights are determined by the best interests of the children of said relatives and are subordinate to those of the parents and/or legal guardians of the children. All states, however, grant rights to grandparents to visit with their grandchildren and in times of family crisis, such as parents’ divorce or parents who are not fit to have their children, it is essential that grandparents have knowledge of their rights.
The case of B.S. v. A.S. involved a grandfather who wanted to have contact with his granddaughter after her mother had denied him access to her. The Appellate Division examined the facts of this case in some detail in order to outline the factors which would be considered by the trial court. These included:
- The relationship between the child and grandparent
- The frequency of access in the period prior to application
- The degree to which contact with the grandparent would impact negatively on the child’s relationship with his mother and father
The laws as they pertain to grandparents’ rights vary greatly from state to state. For example, in North Carolina, grandparents in that state are only entitled to seek visitation with their grandchildren in certain circumstances including when one or more of the grandchildren’s parents are “unfit” or “not acting as a parent should.” On the other hand, Florida has recently amended the laws in regards to grandparents’ right to visitation of their grandchildren in several different sets of circumstances including when a parent has died.
As family becomes and evolves to include more single parents and blended families of children, it is important for grandparents to know their rights to maintain a relationship with their most prized possession - their grandchildren.
Trace the Origins of Grandparent Rights
There’s nothing worse than being separated from your grandchild. As Elder Rights lawyers, we see many cases similar to this one that date back to the late 20th century when families began to change in dramatic ways. Many states, including North Carolina and Florida, began to pass laws more than thirty years ago to allow grandparents to have access to their grandkids. The rise of divorce across our country and the recognition that older relatives of children played important roles in their children’s lives triggered these changes.
It wasn’t until the year 2000 and the landmark case of Troxel v. Granville that the rights of elder relatives of children were recognized in full. Since that time, children’s rights to access to their relatives, including their grandparents, have been further codified in the statutes of the states. Laws pertaining to the rights of grandparents can be complex and often the best interest of any child is to maintain their loving relationship with their grandparents.
It’s not easy to seek help to make sure you have a relationship with your grandkids but know that you have rights and there are lawyers ready to help you.
Identify Key Characteristics and Variations of Grandparent Rights
Just because you are an older family member does not automatically mean you can visit with your grandkids. Request visitation with your grandkids and show that visitation would be in the best interest of the child(ren). Sometimes showing that it would be detrimental to the child(ren)’s welfare to deny visitation with the older family member will suffice. Because the laws vary from state to state, it can be difficult to know what rights older family members have in order to visit with their grandchildren. Some states grant the older relatives more rights and allow them to request visitation with the children for any reason. Other states are more restrictive and allow visitation under very limited circumstances. For example, some states allow the older relatives to request visitation with the children during their parents’ divorce. Other states allow for visitation with the children after the death of one parent. Below you will find an explanation of the Florida laws regarding the rights of elder family members to visit with their grandchildren. In addition, the laws regarding the rights of older family members in order to obtain visitation with their grandchildren in North Carolina are explained below in order to help you understand your rights and how to obtain them.
There is new legislation pending in Florida (HB 1119) to allow for a rebuttable presumption that grandparents should have access to their grandkids in cases where one parent commits a serious crime resulting in the other parent’s death. This legislation has strong support from both sides of the legislature. As stated above, similarly, North Carolina has legislation allowing for access and possibly custody by relatives of children, including older family members, in circumstances where the State considers to be in the best interests of children.
The fact that the laws of grandparent rights are different from state to state, and the requirements and steps that must be taken by grandparents to seek visitation with and/or custody of their grandkids, does not have to be mysterious or unknown to informed grandparents. Armed with the knowledge of the grandparent rights that are recognized in their state, grandparents can advocate for their family members’ best interests. Contact a well-versed family law attorney in your state to learn about the rights that have been granted to elderly family members in your state and the steps that they can take to seek visitation with and/or custody of their grandkids. The U.S. Supreme Court has recognized the fundamental rights of parents and their children in Troxel v. Granville, 520 U.S. 273 (2000), which means that grandparents must go through the children’s parents first and obtain their consent before seeking visitation with their grandkids.
Conclusion
A very high percentage of grandparents feel that they are being torn from their grandchildren against their will and denied the opportunity to spend as much time with them as they desire. Most grandparents feel it is important to fight for the right to see their children’s children. As the laws of the various states begin to recognize the importance of the relationship between grandparents and their grandchild, the opportunity for grandparents to be heard in family court is now available in North Carolina and in Florida.
Finding out about the rights of the grandparents and the processes of law involved in these situations can be aided by using mediation in helping to preserve a crucial relationship and right to spend time with the children.
Understanding grandparent visitation rights is more than reading words on a page to understand the laws. Preserving one of the most valuable relationships to children’s lives is crucial. As a grandparent, fight for your right to continue to bring love and wisdom into the lives of your grandchildren.
Frequently Asked Questions
What are grandparent rights?
Grandparent rights refer to the legal protections that allow grandparents to seek visitation or custody of their grandchildren, especially when they are being denied access by the children's parents.
Why are grandparent rights important?
Grandparent rights are important because they recognize the significance of maintaining a relationship between children and their grandparents, which can provide emotional support and stability for the child.
How do laws regarding grandparent rights vary?
Laws regarding grandparent rights differ significantly from state to state, making it essential for grandparents to understand the specific regulations in their state regarding visitation and custody.
What recent legislation has been enacted in North Carolina and Florida regarding grandparent rights?
Recent legislation in North Carolina and Florida has been enacted to recognize the importance of relationships between children and their grandparents, allowing grandparents to seek visitation under various circumstances, not just upon the death of a parent.
What must grandparents demonstrate to obtain visitation rights?
Grandparents must establish that they have a meaningful relationship with their grandchildren and that granting visitation would be in the children's best interests, while denying visitation would cause greater harm.
How can grandparents pursue their rights?
Grandparents can pursue their rights by consulting with a family law attorney to understand their legal standing and develop strategies to maintain their relationship with their grandchildren.
Is mediation encouraged in disputes regarding grandparent rights?
Yes, mediation is encouraged to help resolve disputes within families and to maintain relationships between grandparents and grandchildren.
What should grandparents do to prepare for seeking visitation rights?
Grandparents should familiarize themselves with the requirements and procedures for claiming visitation rights to better prepare for their efforts to maintain their relationship with their grandchildren.
List of Sources
- Define Grandparent Rights: Understanding Legal Protections
- Legislation Would Strengthen Grandparent Visitation Rights for Gold Star Families (https://assemblydems.com/m/newsflash/Home/Detail/12709)
- Virginia Grandparents’ Rights Law: 7 Facts (https://ashwell.law/blog/7-key-facts-about-the-new-law-for-grandparents-rights)
- Massachusetts law about grandparents' visitation rights (https://mass.gov/info-details/massachusetts-law-about-grandparents-visitation-rights)
- Grandparent's Rights & Visitation (https://weinbergerlawgroup.com/child-custody/grandparents-rights)
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- Contextualize Grandparent Rights in Family Law
- Protect your grandchildren : The Alexander case (https://capefearfamilylaw.com/protect-your-grandchildren-the-alexander-case)
- Grandparent Visitation Rights – A Complicated Issue For Courts - Riker Danzig (https://riker.com/blog/family-law/grandparent-visitation-rights-a-complicated-issue-for-courts)
- Grandparent Visitation & Custody Laws: 50-State Survey (https://justia.com/family/child-custody-and-support/grandparent-visitation-custody-laws-50-state-survey)
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- Trace the Origins of Grandparent Rights
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- History of grandparent rights reflects real 'modern family' | Laura Dale & Associates, P.C. (https://dalefamilylaw.com/blog/2016/08/history-of-grandparent-rights-reflects-real-modern-family)
- Divorce Statistics and Facts | What Affects Divorce Rates in the U.S.? (https://wf-lawyers.com/divorce-statistics-and-facts)
- Centers for Disease Control and Prevention (https://cdc.gov/nchs/state-stats/more-maps/divorce.html)
- Identify Key Characteristics and Variations of Grandparent Rights
- What Are Grandparents’ Rights? | MetLife (https://metlife.com/stories/legal/grandparents-rights)
- Legislation Would Strengthen Grandparent Visitation Rights for Gold Star Families (https://assemblydems.com/m/newsflash/Home/Detail/12709)
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- Grandparents' Rights: Legal Framework Across States (https://nationalelderlawauthority.com/grandparents-rights-legal-framework)
- Connecticut Law About Grandparent Rights (https://jud.ct.gov/lawlib/law/grandparent.htm)
