Despite some differences from state to state, all U.S. jurisdictions maintain laws that provide certain types of rights for grandparents with regard to their grandchildren, according to the American Bar Association Section of Family Law. You can access the laws in your state governing grandparents' rights through the website maintained by your state legislature or the resources of the American Bar Association.
Types
Grandparents' rights come in two different forms, depending on where you reside in the country. First, grandparents possess certain rights to seek custody of their grandchildren. Second, grandparents also have rights to seek visitation with their grandchildren in select situations, according to FindLaw.
Considerations
Grandparents can seek custody of grandchildren when the parents are unable or unavailable to provide appropriate care for the children. Grandparents are able to seek visitation with grandchildren in the event the parents divorce, die or are involved in a paternity case.
Misconceptions
A common misconception is that grandparents can seek visitation with their grandchildren no matter the state of the relationship between the parents. In fact, the typical grandparents' visitation law does not grant a grandparent the right to seek visitation if the marriage of the parents is intact. The theory is that parents in a marriage have their own right to make decisions about who has contact with their children.
Benefits
The benefits associated with grandparents' rights include allowing both grandparents and grandchildren to forge or enhance a healthy relationship with extended family members. This type of relationship between grandparents and grandchildren is particularly beneficial when children face a situation involving divorcing or deceased parents.
Expert Assistance
Exercising grandparents' rights requires an understanding of complicated laws and court procedures. For this reason, a person seeking to exert these types of rights needs to consider retaining an experienced lawyer. The American Bar Association maintains resources to assist grandparents in finding appropriate legal representation.
