Even in states that permit grandparents rights to their grandchildren, restrictions exist limiting these rights to well defined circumstances, according to the American Bar Association Section of Family Law. If grandparents possess rights to their grandchildren independent of the wishes of the minor's parents, those rights exist only in well-defined situations.
Types
State law permits up to three different types of rights for grandparents, depending on where they live. All states allow grandparents the right to seek custody in certain circumstances. If awarded custody, depending on the facts of the case, grandparents have the right to seek child support payments from the parents. Finally, in some states and in certain circumstances, grandparents possess the right to seek visitation with their grandchildren.
Considerations
Grandparents can exercise their right to seek custody of their grandchildren in situations where the have parents died, or in a case where the parents have been adjudicated unfit to provide for the children, according to FindLaw. States that allow grandparents visitation rights require that the parents be divorcing or divorced, that the child be born out of wedlock, or that one of the parents be deceased.
Standard
The standard applied to grandparents' rights in all states is whether allowing a grandparent visitation or even custody serves the best interests of the child. In other words, the rights of the grandparents--and even the rights of the parents in divorce and related proceedings--are secondary to the rights of a minor child.
Factors
A court considers a variety of factors in determining whether extending visitation or custody rights to grandparents will be beneficial to a child. A primary factor is an examination of the preexisting relationship between the grandparents and the child. Another factor is the general physical and mental health of the grandparents.
Expert Assistance
Establishing grandparents' rights requires an understanding of applicable law and court procedures. The interests of grandparents seeking to establish their rights typically are best served by engaging experienced legal counsel. The American Bar Association provides consumer resources to aid grandparents in finding a qualified attorney.
