Understanding Grandparent Visitation Rights

Custody battles are focused on parental rights, but grandparents are often just as concerned about their ability to partake in their grandchildren’s lives. In the event that a parent dies or is deemed unfit to care for their child, grandparents can sue for custody and visitation rights.

What Are Grandparent Visitation Rights?
Grandparent custody rights refer to a grandparent being granted legal custody of a child’s upbringing, but this is only done after a parent has been deemed unfit to care for their child.

Visitation rights differ from custody rights. With legal visitation rights, a grandparent will usually only be permitted to see their grandchildren with the supervision of a parent or legal guardian.

Grandparents are not legally granted rights to see their grandchildren. Parents are not required to provide grandparents access to their children or outside family members, and grandparents cannot sue for custody of a child who is cared for and lives in a stable home environment.

However, if a grandparent believes he or she has been denied access without any just cause, the grandparent can sue for visitation rights in a court of law.

Understanding the Impact
Filing for visitation rights will require the child to participate in legal proceedings. Typically, children whose grandparents are suing for rights are facing other difficulties such as a parent’s death, divorce or parental incarceration. Court proceedings could create more stress on a child who needs, more than anything, stability.

Children could also face feelings of guilt or question their parents’ authority when their grandparents sue for visitation. Legally, grandparents have to consider what is in the best interest of the child involved, not their own desires.

Grandparents can play a wonderful role in their grandchildren’s lives, but they should not put their own needs first. In cases of domestic abuse, parental substance abuse or child neglect, grandparents should absolutely report to the authorities and, if they are able to provide for the child, seek custody.

However, filing for visitation rights should only be done when attempts to establish and maintain a healthy relationship with the grandchild has been unsuccessful. Grandparents should not use a court of law as a means to settle personal disagreements with their adult children. Ultimately, what matters most is what’s best for the child at this point in his or her life.

Originally published on theresakellington.com on January 7, 2020.