Courts prefer that families settle visitation matters among themselves. When this is not possible, most states allow grandparents to seek visitation with grandchildren in cases in which the children's parents are divorcing. Usually, grandparents must request a court hearing to discuss whether the grandparent visitation should be permitted. The opinion of the child's parents is given great weight in this determination.
History
State courts have struggled with the issue of parents' rights versus grandparents' rights in visitation cases for many years. According to columnist Wendy McElroy, nearly one million grandparents in the U.S. act as primary caregivers for their grandchildren. Although the 2000 Supreme Court case of Troxel v. Granville gave precedence to the opinions of the parents, most state courts remain sympathetic to situations in which a child and grandparent have bonded due to long-term care.
Considerations
In visitation cases involving grandparents, most courts rely on the same basic criteria used when the court is arranging for parent visitation: determining what is in the best interest of the child. In making this determination, courts focus on the child's relationship with her grandparents; how long the grandparents have cared for the child; whether the child would be in any danger with her grandparents; and of course, the relationship between the grandparents and the parent, especially whether the parent opposes visitation with the grandparents. Courts often encourage parents and grandparents to settle visitation issues themselves, rather than risk a court decision that makes no one happy.
Laws
Each state has slightly different laws with regard to grandparent visitation, according to the Grandparents Rights Organization. In most states, grandparents can petition in the court for visitation rights only if they meet certain criteria. For instance, in Indiana, grandparents may petition for visitation only if one or both of the parents are dead or divorced. In Colorado, the child's adoption by someone not in the biological family terminates grandparent visitation rights; however, in California, grandparents may still petition for visitation in these circumstances. In Michigan,grandparents must prove that denying visitation will harm the child in some way, whereas in Indiana, grandparents must prove only that visitation is in the child's best interests.
Misconceptions
Although the 2000 Supreme Court case of Troxel v. Granville appears to hold that parents have a constitutional right to block grandparent visitation, not all states have interpreted the decision in such absolute terms. For instance, California allows grandparents to file a petition for visitation over the objections of a parent; California courts have determined that the Troxel v. Granville decision does not apply to the wording of California's grandparents' visitation law, according to columnist Wendy McElroy. Most states, however, require courts to give substantial weight to the parents' feelings about visitation.
Benefits
Since each family's situation is different, allowing parents to either block or permit grandparent visitation can be beneficial depending on the circumstances. For parents, blocking grandparent visitation can benefit the parent and child by preventing exposure to a toxic relationship. On the other hand, in some cases permitting grandparent visitation is beneficial because it allows the child to continue a stable relationship with a well-known adult. Courts attempt to address the wide variety of circumstances in family law cases by focusing on what will best serve the child.
