Grandparents’ rights can be a sensitive issue for many families. It can also be an extremely important issue for many grandparents. It is helpful to understand what rights to visitation and custody of their grandchildren, if any, grandparents may have and that those considerations are influenced by state laws. In addition, because what is in the best interests of the child is always considered, courts may have some discretion concerning grandparents’ rights and what is best for the children.
It is important to understand how different states handle the question of grandparents’ rights because courts may be reluctant to intervene with the rights of parents concerning the upbringing of their children. Some states provide grandparents’ rights when both parents are deceased, while others provide for grandparents’ rights when one parent is deceased. In some circumstances, in some courts in Florida, it has been determined that grandparents’ rights infringe on the rights of parents.
Grandparents may be concerned about their custody and visitation rights related to their grandchildren in circumstances when their child has gone through an unpleasant divorce or when there are concerns regarding the fitness of the grandchild’s parents. Whenever grandparents are seeking child custody or visitation, it is important for them to be familiar with the laws in their state concerning grandparents’ rights and how to enforce the rights they have.
The grandparent-grandchild relationship can be an important bond for both grandparents and children and can be emotionally important for both as well. As a result, grandparents should be familiar with the family law resources available to help them and the circumstances in which they may be able to pursue custody or visitation rights.
Source: Romper, “Do Grandparents Have Any Legal Rights Regarding Grandchildren? It’s Complicated,” Alana Romain Jan. 9, 2017