Do grand parents have right?

Question

Do grand parents have any legal rights to see there grandchildern? Can they go to court to get visitation right?

Answer 1

Yes in certain states they do. They can go to court and petition the court for visitation IF they can prove that by keeping the children from their grandparents would be detrimental to them.

I think one state is New York.

Answer 2

Yes, you do have rights, but sometimes the specifics take away those rights. Each state is a bit different, so check your states' legal standings on them.

But, some of the specifics in those rights will keep you from your grandchildren and there isn't much the courts can do about it. For instance, you are the parents of the son,,,and there's a divorce. The daughter in law is the custodial parent, yet the son has visitation and pays child support. It is up to your son to make sure you have visits as a grand parent, but if your son denies you, then there isn't much of a chance to get visitation rights.

But, let's say your son were to pass away, or maybe go to jail or prison (god forbid). There is a 3 month wait before you can ask the daughter in law for a visit, and the visits can be denied for up to a year, and after that year you might persue the visits through legal matters. Be sure that the requests you make to the daughter in law are in writing, or there is proof in some way you have requested a visit, or visits. (Some states are sooner than a year).

If you do finally go to court, the daughter in law will need to have grounds to deny you a visit, so be careful you don't have anything she could use in court. She will be questioned on why she had denied you visits, and if there isn't ample proof that you aren't in any way irresponsible, or such, the courts might grant you at least one visit a year, sometimes two.

It's a long drawn out process, and you'll need to be patient, but in the long run, if all goes well, you might get the visititations you request. The courts, generally, won't step on the rights of the custodial parent, but they know how important it is for the grand parents to see the children.

Answer 3

I think that they could get visitation rights if there is something wrong in the home to where there was abuse or neglect or something unusual to where not being around grandma is going to affect the child in a bad way. You should talk to DCFS. It's a parents' perogative on how often children see grandma. Some grandmas want to see kids every few days - which is absolutely ridiculous to many parents. Some parents don't want grandma to see the kids all more than once per month or less depending on how far away they live. If there are relational issues grandma has with the parents, they really have no buisness trying to go after visitation rights if there is nothing wrong in the home. If a parent is irresponsible then grandma can probably get legal rights - like if the parents aren't doing their job. But, I don't think they can get visitation rights just based on wanting to see them all the time. Some parents move away from grandma to get more space to develop their own family without grandma's interference. In that case, I don't think it's appropriate for grandma to interfere with her child's life and the choices he or she makes. She'll end up hurting the marriage and her relationship with the kids entirely if it's only because she wants to enjoy the grandchildren more often. If the parents are trying to earn a living and they are busy - and grandma tries to get visitation rights, she's just going to add to the stress and pain of an already difficult situation. If a parent has died or something - it's probably different - it's probably going to vary state by state. Talk to social services to find out for sure.

Answer 4

There are grandparents rights, where they can take the parents to court for visitation, but it is hard to do. Mostly if the parents are fit then the courts really can't do a lot, as it is the decision of the parent who their children are around.

Answer 5

grandparents have the right to sue for visiting privileges under "grandparents' rights laws" which have been enacted by all 50 states.(see link for more info.) This doesn't mean that they'll will get visitation, the judge may declare that such visitation will or may unconstitutionally interfere with the fundamental right of parents to rear their children such is the case in Troxel VS. Granville. A case where grandparents sued the mother for visitation after the death of their son & lost (see link for more info.)

Answer 6

Yes they do, Yes they can go to court and get visitation rights. Try and keep a log of everything you do, like calling to say hello, sending cards (Birthdays etc.) asking to take somewhere like church or whatever. and takes those logs with you to court. That way the parents look bad and maybe you will visitation. Good luck!!!

Answer 7

In my state, Michigan, grandparents have rights if one of the parents is absent for whatever reason including adoption by a step parent, death, or the parents no being married. However if the parents are MARRIED then there is nothing the grandparents can do. The grandparents have to contact a lawyer to fight for their rights, but I am guessing this is not too hard, but I have never known anyone to fight for their grandkids.

Answer 8

Yes they do have rights. Each state varies as far as to what length their rights go, so look into it. Definitely go to court if any child is being abused- Physically or mentally. Good luck grand-ma.

Anoni.

Answer 9

yes!! bcoz any one of us have a right and freedom to see our love once..
specialy our grand parents.. bcoz thier grand child was part of there body. thats why theres no parent should take away thier children to there own parents..
in fact theres no need to go to the court just to have a paper and prove to thier children that thy have a aproval from the judge that thy can visit thier grand child.

Answer 10

Grandparents rights vary by state. Usually, only if there is neglect or abuse though. . my mother is totally narcissistic, I wish she would try. There are also laws to protect the parents right. Usually, the courts only give visitation or custudy when one of the parents dies or there is abuse or neglect.