Introduction
Many grandparents find that being a grandparent can be very challenging, especially when you become a parent to your grandchild(s) and have to deal with the maze of family law. While many states are changing their laws to recognize and in some cases even grant rights to the older adults who are making important contributions to the raising of children in their families, each state has its own unique set of laws pertaining to grandparent rights.
These varying laws affect the rights of grandparents in regards to contact with their grandchild(s). In some cases, grandparent rights are completely ignored or given little consideration, even though the grandparent is providing the bulk of care for the child. This is why it is very important for grandparents to be as informed as possible about the laws in their state in order to protect their rights to their grandchild(s) and the relationship that they share with them.
Define Grandparents' Rights
Many older relatives are unaware that grandparents have rights to contact with their grandchildren. While grandparents do have legal rights to visit their grandchildren or to have custody of them, these rights are not automatic and grandparents must go to court to ask for access to their grandchild(ren) or children. The laws for the rights of grandparents to visit their grandchildren vary from state to state. Some states are more favorable to the rights of grandparents than others.
To support the grandparent parents, there are legal rights and options available in each of the 50 states to assist the millions of grandparent parents in the country today. According to the ChildWitnessingViolence.us website, there are approximately 2.1 million older adults parenting their grandchildren in this country today. There are over 2.5 million children in the United States growing up in kinship families and/or grandfamilies with elders who have legal rights and options available to support them. In the state of North Carolina, grandparents have the right to request access to their grandchild(s) if the child’s parent has passed away or is separated from the child’s other parent. Just last year, the visitation laws for grandparents and great-grandparents were altered in the state of Florida to recognize the importance of the relationship that can exist between children and their elders.
Approximately 2.1 million older adults are raising their grandchildren in this country and there are rights and options available to support them as the new parents of their children. Over 2.5 million children in the United States are growing up in kinship families and/or grandfamilies with elders who have legal rights and options available to support them.
Furthermore, there are case studies on grandparents and other relatives in similar situations regarding access to their children and/or their grandchildren. Learning about how other families have managed and handled their situation can better help support grandparents and the older relatives to visit their children and to allow them to have the smoothest visitation possible.
Rights to contact grandparents or other older relatives of children are established in all 50 states and elders with such rights can be assisted by an experienced family law attorney in applying those rights to their unique set of circumstances.
Explore Legal Context and State Variations
Whether a grandparent, great-grandparent, aunt or uncle - an elder relative of a child can find himself or herself lost in the complexities of the legal system of the state where the child resides. For some states, such as California, there are circumstances under which older relatives have rights to seek visitation of their relative. In other states, the visitation rights of older relatives are only granted if the visitation is determined to be in the best interest of the child. Then there are states where the parents of the child must be found to be unfit or there must be present exceptional circumstances and visitation rights by an older relative would be in the best interest of the child or of the parents.
The information about the rights of grandparents to seek visitation or even to seek custody of their relative are granted by each state and are very different from state to state. Knowing the rights of grandparents can empower an older relative of a child to take action on behalf of the child and grandchild. Some states also grant the right of older relatives to seek custody of their relative under certain circumstances, for example when a parent of the child has died or become incapacitated.
Researching the applicable statutes and contacting legal aid organizations in your state can provide more information on the specific circumstances and processes your older relative would need to follow in order to seek visitation with or even custody of his or her relative.
Identify Key Characteristics and Conditions
Today many grandparents are shocked to find out that there is no automatic right of grandparents to visit, care for or even to have their grandchildren live with them. The grandparent must find some legal basis to ask for visitation or to ask for custody of their grandchild. Often the grandparent’s relationship with their grandchild and the child’s living situation will be the two most important factors for the court to consider in any case brought by a grandparent. In North Carolina, for example, grandparents and other relatives can ask for custody of children if the parents are found to be ‘unfit’ or to be ‘act in a manner which clearly demonstrates that such action is contrary to the best interest of the child or to constitute a constitutional rights parent/child relationship to raise such child’. This would mean that if the parents of a child have abused that child in some way, the grandparents of that child could seek custody of the child in order to protect said child from further abuse. In addition, grandparents and other relatives can also ask for visitation with their minor grandchild if that grandchild has been adopted by the step-parent of that child or by a relative of that child. The grandparent must demonstrate to the court that a ‘meaningful relationship’ exists between that grandparent and their minor grandchild and that visitation would be in the best interest of that child.
For instance, grandparents might seek custody of their grandchild if parents get a divorce and cannot take care of their child, or if parents separate and one parent is not able to care for the child, or if a parent dies. What is in the best interest of the child is what the court tries to determine. For instance, an older relative who has been the main caregiver of a child for several years could have a strong case for seeking custody or visitation of that child as long as they are able to provide proof of their involvement with the child and that it would be in the child’s best interest to have contact with that relative.
A key challenge for grandparent custody cases is to present enough evidence to a judge or jury to demonstrate that grant of legal rights to the grandparents would be in the child’s best interest. In the process of preparation of a grandparent custody case, a family law attorney can structure the presentation of the grandparents’ case around the required Best Interest of the Minor factors and present sufficient evidence to prove by clear and convincing evidence that the children would be in the best interest of the grandparents to have granted of legal rights to care for the children. Every year in the United States, over 2.5 million children are being raised by kin or in a grandfamily home. These realities are becoming recognized by the legal system. In the matter of a dispute over a child’s custody, parents must adhere to the terms of a court-ordered access schedule. Failure to comply with the terms of access will result in serious legal consequences. It is very important that grandparents continue to be involved in the lives of their children and show that child love and support, that they care about that child’s well-being, and that they are the best people to raise that child.
Outline the Process for Obtaining Rights
Many laws regarding Grandparent Rights in North Carolina are very complex and difficult to go through. Our family law attorneys are here to inform and assist you in the process of seeking visitation rights with your grandchild or seeking to gain custody of your grandchild. To begin the process, a petition must be filed in the appropriate Family Court as found in North Carolina General Statutes § 50-13.1. The petition must contain a detailed description of the reasons that you feel you should be granted visitation rights with your grandchild and/or granted to have custody of your grandchild along with documentation which supports the relationship that you have with your grandchild and how losing contact with them would be very hard on them. This is found in N.C. Gen. Stat. § 50-13.5(j).
At your hearing the Court will consider your testimony relating to the reasons that you should be granted visitation rights with your grandchild or that you should be granted custody of your grandchild. In addition to your testimony the Court will consider other documentation and the testimony of witnesses, including but not limited to other family members and experts, who are presented by both you and the parents of the child in order to establish that your visits with your grandchild are in the best interest of your grandchild and to counteract the reasons that the parents of the child would assert as to why visitation would not be in the best interest of the child. As Melody J. King so aptly stated in the case of Walker v. Woodward, 154 N.C. App. 52 (2002), “Any decree granting access or custody must outline conclusions that the arrangement is in the best interest of the minor.”
An experienced family law attorney is key in helping grandparents navigate the complex process of trying to secure visitation rights. Although North Carolina laws grant parents considerable discretion in matters regarding grandparents’ visitation rights, a grandparent can assert his or her rights if he or she can show that such rights are in the best interest of the child. As Professor Melody J. King stated in the Walker v. Woodward case, 154 N.C. App. 52 (2002), any “decree granting access or custody must outline conclusions that the arrangement is in the best interest of the minor.” The best interest of the child is a presumption that is accorded to parents in North Carolina when it comes to the rights of grandparents regarding visitation.
Conclusion
Are you being denied contact with your grandchildren? Are you unsure of your rights as a grandparent? Grandparents’ rights vary from state to state and can be confusing. The laws of your state are crucial to determining your rights as a grandparent and the amount of contact you can have with your grandchildren.
Understanding the specific laws in your state that relate to grandparents and how they can affect your rights as a grandparent is critical to your ability to spend time with your grandkids and to have a relationship with them. Each state has different laws which can be confusing to sort through without the assistance of a family law attorney.
Grandparents’ rights are important and vital to your family’s future. Many children are being raised today by their grandparents. Knowing your rights as a grandparent and how to protect them is crucial to your family’s future. Finding a good family law attorney is key to ensuring that you have a relationship with your grandkids.
Your role as a Grandparent is Priceless! Never Let It Be Taken Away.
Frequently Asked Questions
What are grandparents' rights regarding their grandchildren?
Grandparents have legal rights to visit their grandchildren or seek custody, but these rights are not automatic. They must go to court to request access.
Do grandparents' rights vary by state?
Yes, the laws governing grandparents' rights to visit their grandchildren differ from state to state, with some states being more favorable than others.
How many grandparents are raising their grandchildren in the U.S.?
Approximately 2.1 million older adults are parenting their grandchildren in the United States.
What legal options are available for grandparents in North Carolina?
In North Carolina, grandparents can request access to their grandchildren if the child's parent has passed away or is separated from the child's other parent.
Have there been recent changes to grandparents' visitation laws in Florida?
Yes, visitation laws for grandparents and great-grandparents in Florida were altered recently to acknowledge the importance of relationships between children and their elders.
How many children in the U.S. are growing up in kinship families or grandfamilies?
Over 2.5 million children in the United States are growing up in kinship families and/or grandfamilies.
What resources are available for grandparents seeking visitation rights?
Grandparents can seek assistance from experienced family law attorneys who can help them navigate their unique circumstances and apply their rights.
Are there case studies available for grandparents seeking access to their grandchildren?
Yes, there are case studies that provide insights into how other families have managed similar situations, which can help support grandparents in their visitation efforts.
List of Sources
- Define Grandparents' Rights
- Kinship/Grandfamilies Data - Grandfamilies & Kinship Support Network (https://gksnetwork.org/kinship-data)
- Virginia Grandparents’ Rights Law: 7 Facts (https://ashwell.law/blog/7-key-facts-about-the-new-law-for-grandparents-rights)
- What Are Grandparents’ Rights? | MetLife (https://metlife.com/stories/legal/grandparents-rights)
- Father Matters - Stronger Fathers, Stronger Communities (https://fathermatters.org/23-statistics-on-grandparents-raising-grandchildren)
- 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)
- Explore Legal Context and State Variations
- Virginia Grandparents’ Rights Law: 7 Facts (https://ashwell.law/blog/7-key-facts-about-the-new-law-for-grandparents-rights)
- What to Know About Grandparent Visitation Rights (https://tlalawoffice.com/blogs/2024/march/what-to-know-about-grandparent-visitation-rights)
- Grandparents' Rights to Custody and Visitation in California (https://madiganlewis.com/blog/grandparents-rights-custody-visitation)
- Legislation Would Strengthen Grandparent Visitation Rights for Gold Star Families (https://assemblydems.com/m/newsflash/Home/Detail/12709)
- California Grandparents can Take Steps to Continue Relationships (https://cafamilylaw.com/articles/california-grandparents-can-take-steps-to-continue-relationships)
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- Identify Key Characteristics and Conditions
- Kinship/Grandfamilies Data - Grandfamilies & Kinship Support Network (https://gksnetwork.org/kinship-data)
- Virginia Grandparents’ Rights Law: 7 Facts (https://ashwell.law/blog/7-key-facts-about-the-new-law-for-grandparents-rights)
- Grandparents’ Rights in North Carolina | Custody & Visitation (https://nicholsonpham.com/grandparents-visitation-custody-rights-in-north-carolina)
- Grandparent Rights in Ohio | Visitation & Custody Law (https://themeadelawgroup.com/blog/grandparent-rights-in-ohio-know-your-rights)
- Father Matters - Stronger Fathers, Stronger Communities (https://fathermatters.org/23-statistics-on-grandparents-raising-grandchildren)
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- Legislation Would Strengthen Grandparent Visitation Rights for Gold Star Families (https://assemblydems.com/m/newsflash/Home/Detail/12709)
- Outline the Process for Obtaining Rights
- Grandparents’ Rights in North Carolina | Custody & Visitation (https://nicholsonpham.com/grandparents-visitation-custody-rights-in-north-carolina)
- What Are Grandparents’ Rights? | MetLife (https://metlife.com/stories/legal/grandparents-rights)
- Understanding Grandparents' Rights to Custody and Visitation of a Child in North Carolina - Ward and Smith, P.A. (https://wardandsmith.com/article/understanding-grandparents-rights-to-custody-and-visitation-of-a-child-in-north-carolina)
- Advocating for grandchildren: How North Carolina Grandparents Can Seek Custody in Juvenile Abuse, Neglect, and Dependency Cases - Parker, Parker & Pittman Attorneys at Law (https://piedmontlawyers.com/blog/advocating-for-grandchildren-how-north-carolina-grandparents-can-seek-custody-in-juvenile-abuse-neglect-and-dependency-cases)
