As a grandparent, the parents of your grandchildren may deny you access to them. If that is the case, you may wonder what your rights are, pursuant to the laws in your state. The statutes governing grandparents' access to grandchildren varies from one state to another, according to the American Bar Association Section of Family Law.
History
Historically, grandparents possessed no independent access rights to their grandchildren. The parents of the grandchildren maintained an absolute right to prevent grandparents from any access to the children. States began modifying laws beginning in the 1980s to permit grandparents access to their grandchildren through the visitation process in limited situations, sometimes even over the objection of a parent.
Types
Grandparent access rights typically refers to visitation with the grandchildren. A grandparent's right to custody involves a legal step beyond access to the children and involves a grandparent becoming the primary guardian of the children, according to FindLaw.
Limitations
The laws in most states permit a grandparent to make a claim for access to a grandchild through the court system when the parents are divorcing or divorced. In addition, a grandparent can seek access when one of the parents died. Generally speaking, in nearly all situations, a grandparent cannot seek access to a grandchild through court-ordered visitation when the parents are together as a couple.
Considerations
Awarding a grandparent independent access to a grandchild through visitation is contingent upon a consideration of what is in the best interests of that grandchild. Factors considered by the court include the nature and extend of the preexisting relationship between the grandparent and grandchild.
Expert Assistance
Establishing and enforcing access rights for grandparents requires an understanding of complex laws and court procedures. Consequently, if you decide to pursue grandparent access rights, consider retaining an experienced lawyer. The American Bar Association maintains resources designed to assist you in finding a qualified lawyer.
