Custody Rights for Grandparents

An often forgotten repercussion of child custody cases is the effect it can have on grandparents. There are several issues that grandparents can face that will directly influence the amount of time they spend with their grandkids. Here is an overview of the most common concerns.

More information about this topic is available in “Grandparent’s Rights 2008” from the Custody Library.

Visitation
When divorces end in heated arguments it is common for the parents to become very territorial with their children. They use manipulative tactics to do emotional harm to their spouse and this can include preventing their in-laws from seeing the children. This not only hurts the grandparents but is also keeps the kids from spending time with their family members. Every state has laws that support grandparent’s rights to see their grandchildren. Unfortunately, not many of them understand that these laws exist so they never pursue the matter.
 
Living Conditions
Grandparents also have a say in situations where a child is living in an unacceptable environment with their mother or father. This can include instances of child abuse, unhealthy conditions, and living amongst negative influences like drug abuse. Sometimes the grandparents have better information about these conditions then the authorities do. They can help keep their grandkids out of harm’s way by working with the courts to remove the child from these situations. It is important for all grandparents’s to understand that they can take action to protect the children, but they have to get involved with the court system in order to do so. This can include testifying during the custody hearing and reporting what concerns they have.

Legal Influence & Custody
One fact that many people do not recognize is that grandparents can actually be awarded legal custody of their grandchildren. This scenario tends to happen when neither mom nor dad can provide a healthy and sufficient home to raise their children. It also happens when there are concerns about safety due to known instances of drug use or child abuse. The grandparent does have the responsibility in these cases to identify themselves as a potential custodial parent. If they can prove to the judge that their home offers adequate resources for raising a child then they will be strongly considered. Overall, grandparent custody is a preferred alternative to foster care.

The bottom line is that grandparents have rights when it comes to their grandchildren. The legal system recognizes them as an integral part of the family support system. The key however is for grandparent’s to make their wishes known and get involved with custody process. “Grandparent’s Rights 2008” from the Custody Library is a fantastic reference for understanding all the options grandparents have when it comes to staying involved with their grandkids.

Click Here for Grandparent Rights 2008