Grandparent Visitation - Cohen And Winters Family Law

Visitation Rights for Grandparents

Usually, grandparents have strong attachments to their grandchildren, just like they did with their children. In prior times, grandparents were usually awarded visitation rights within the authority of residency. Nevertheless, upon moving by the parent with primary custody, the grandparents faced surplus litigation to gain visitation in the child’s new residency.

Do Grandparents Have Right To Visit Their Grandkids?

Legally, grandparents do not have the legal right to visit their grandchildren in any of the fifty states. Parental rights are protected in the law against all else, and thus, granting grandparents visitation is viewed as a violation of the parent's right to know what is best for their child. However, particular circumstances can allow grandparents to request custody or visitation of their grandchildren.

In general, if a child is taken away from their home by child protective services, their extended family will be given a chance to foster the child. Even in this circumstance, the grandparents undergo a similar process to any other foster parent. In short, sometimes, even if your adult is said to be unfit to provide care, the rights to your grandchild will not be granted to you automatically.

Other states prohibit petitions from grandparents for visitation if the child lives in a two-parent home.

Boundaries for Grandparents

Family can prove complicated, and if you are trying to repair a relationship with the grandchildren and children, it can get tricky. As things smooth over, here is a list of things to keep in mind;

  • Avoid changing or cutting your grandchild’s hair. Parents can easily become upset if you do not ask their permission to cut their children’s hair or change it. Always check in before taking any action.
  • Do not actively compare your grandkids to your children. You do not want to strike a nerve or make them feel inferior.
  • Do not overlook the parents’ guidelines. If the kid’s parents have specific rules, ensure that you follow them to the latter. This shows that you respect them and will prevent quarrels and misunderstandings.
  • Avoid asking your children for more grandchildren. You may never know what a family is battling, and thus, it is safe to keep the idea of asking for more grandchildren out. Children and birth are among the things you should never prod people about.

For grandparents seeking visitation, you must begin by comprehending your grandchild’s state’s laws about visitation rights and how to navigate them. If visitation is granted, make the most out of it and not go over the parents’ rules.