A grandparent's access rights to a grandchild vary significantly from state to state, according to the American Bar Association Section of Family Law. These laws differ both as to when a grandparent can use the courts to access a grandchild, as well as the extent of contact a grandparent is permitted through a judicial process.
Function
The underlying function of a grandparent's access rights is to permit her the ability to develop and maintain a lasting, meaningful relationship with her grandchild, according to FindLaw. In order for family members to develop a meaningful relationship, they must spend time together.
Types
The most common type of access right for a grandparent is that of visitation, according to the American Bar Association Section of Family Law. Visitation for a grandparent is separate and distinct from the parenting time allocated to a noncustodial parent in some sort of family law proceeding. Custody represents another type of access granted to a grandparent.
Restrictions
Some states do not permit special access rights to a grandparent beyond what the grandchild's parents choose to permit, according to FindLaw. Other states allow a grandparent access in the form of visitation if the parents of the grandchild divorce or die. Custody is permitted only if the parents die or are deemed by a court to be unfit to care for the minor.
Misconceptions
A common misconception is that any grandparent can seek to exercise visitation rights independent of the wishes of the grandchild's parent, according to the American Bar Association Section of Family Law. For example, some people assume that if married parents block a grandparent from seeing their children, that grandparent can seek judicial intervention. In fact, access laws do not permit such interference, the theory being that parents will act in their children's best interests. Married parents are permitted to make decisions about who sees their children.
Expert Assistance
A grandparent interested in establishing access rights to a grandchild in the form of visitation should consider hiring a lawyer. The laws surrounding a grandparent's access rights, along with the associated court procedures, represent complicated legal matters. The American Bar Association maintains resources to aid a grandparent in finding experienced legal representation.
