When family dynamics change due to divorce, separation or death, grandparents may be concerned about what their new role will be, and how to preserve their relationship with their grandchild. Grandparent's rights in the U.S. are murky and complex. It's important for grandparents to be as informed as possible about their options under the law.
State Laws
Though statutes vary widely from state to state, every state allows grandparents some form of custody or visitation rights. Some states are very restrictive, and will only allow grandparents to petition for custody or visitation under a set of very narrow circumstances. Other states are quite lenient, and allow not just grandparents, but any third party to petition for visitation rights. As a grandparent, it's very important to know the laws in your state.
History
Historically, after parental separation or death, grandparents have had very few legal rights regarding their grandchildren. The idea of separate custody statutes for grandparents has only come about over the past 40 years since 2010, according to FindLaw. Some state statutes have come under fire from higher courts, on the grounds that they run counter to the fundamental rights of parents to decide whom their children spend time with. Most states have elected to keep their statutes in place in spite of this opposition.
Custody Types
Divorce Lawyer Source notes the types of custody you can petition for as a grandparent, depending on your state's regulations and your specific circumstances. If both your grandchild's parents have died or have been declared unfit, you can petition for full physical and legal custody. Physical custody means that you have the right to have your grandchild live with and be cared for by you, and legal custody means that you have the right to make major decisions about his upbringing.
In cases where one parent has died or parents are divorced or unmarried, you may be able to petition for partial custody. This means that you will be able to spend a specified amount of unsupervised time with your grandchild. If this is not an option, you may be able to petition for visitation, where you will be able to spend supervised time with your grandchild.
Custody Factors
Once you have determined that you meet your state's standards, you may file a custody petition. It will then be up to a judge to determine whether your petition is granted. According to FindLaw, the judge will make his decision based on your emotional stability, your health, your lifestyle, your ability to care for your grandchild and the wishes of your grandchild and his parent.
Considerations
If you are seeking custody of your grandchild, it's essential that you present yourself to the courts in the best possible light. Follow any court mandates to the letter, go through the proper channels if you disagree with a ruling and, above all, maintain a spirit of good will with your grandchild's custodial parent. Many courts defer heavily to the rights of parents. The more respectful and cooperative you are, the more likely a judge is to view your requests favorably.
