Many people look forward to the day their children have children so they can spend time with the kids. But, in some cases, the joy can end suddenly if one or both parents denies access to the children.
The federal Visitation Rights Enforcement Act, signed into law in 1998, enables grandparents who already have visitation rights in one state to exercise their rights in another state. |
If that happens, there are legal remedies that might allow a relationship to continue.
All 50 states have some kind of legislation dealing with grandparent visitation rights, but the laws vary widely. For example, some states have restrictive visitation laws that only allow grandparents to seek visitation if the child's parents are divorced or one parent is dead.
Other states are more liberal, letting grandparents petition for visitation even when both parents are alive and married. In all cases, courts examine the best interests of the children.
Parents have challenged visitation laws, arguing that they infringe on their constitutional right to raise their children. Court rulings have varied, and at times, contradicted each other.
In some cases and in some states, grandparents have no rights if the family is intact (in other words, there is no divorce) or when a parent remarries and a new spouse adopts the child or children.
If you're having problems with grandparent visitation issues, consider the following:
- Try to keep the lines of communication open. Parents and grandparents may eventually realize that it is best for their children to keep grandparents in their lives.
- If there is a divorce, discuss a visitation schedule in the divorce settlement.
- Consider family counseling. This can help get to the bottom of the difficulties without involving the grandchildren in a bitter battle.
- Try to build a meaningful bond between grandparents and grandchildren. When deciding cases, courts often consider a previous relationship.
- Attempts to stay in touch by making phone calls and sending gifts or cards. Keep records of your attempts. When you meet with an attorney, it's a good idea to have documentary evidence and witnesses to support your claims.
- One way to avoid a court battle is to try mediation, where the disputing parties try to hammer out an agreement that suits everyone.
With some legal assistance, you may be able to continue a loving relationship. Call Alex at 508-660-0331 today.
