Grandparent Visitation- by Steven Carlson, The Custody Coach™

If you ask your friends or colleagues about grandparent visitation rights you may get varying opinion on grandparents going for visitation in court and the courts view of grandparents wanting visitation. In fact, most of them may tell you that grandparents do not have a common law right to see their grandchildren if the parents object. These people are right in many respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However, it is interesting to know that grandparents can be entitled to visitation and custody rights with grandchildren in some cases.

With respect to grandparent visitation cases/united states, in order for a grandparent to obtain visitation rights , the grandparent may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child's health and welfare. Parents have a fundamental right to the care, custody, and management of their child. Therefore, for such external interference to be imposed, the grandparent generally has to show that there is a sufficient reason for the court to allow visitation. It is often difficult to prove harm to the child if visits are not granted. Some courts or judges may also fear that allowing grandparent visitation rights could be harmful to parental authority. It could also create intergenerational disputes which could be even more detrimental to the child and/or be contrary to the child's best interest. Courts often recommend that parent and grandparents reach an agreement out-of-court. However, the laws related to grandparent visitation rights are often changing and developing.

Under specific circumstances, grandparents can be granted custody rights for the child. When one parent is deceased, the surviving parent, if deemed fit, is typically preferred for custody. But if both parents are deceased, the courts may decide to award the custody of the child to the grandparents, since a blood relative is often preferred. Even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he/she had custody of the child compared to other blood relatives or third parties. The court can make its decision taking into account the age, health, and financial ability of the grandparent to properly support and care for the child.

For the latest on grandparent laws, grandparent rights, and developments in your jurisdiction concerning child custody grandparents and visitation rights, you should consult with a family law attorney in your area.

Author Bio

Steven Carlson is the founder of Child Custody Coach in Orange County, California. Mr. Carlson is a certified parenting instructor and known nationally as The Custody Coach™. Mr. Carlson is the author of the reputable and highly endorsed by experts child custody strategy guide, "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!"

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