Grandparent Rights: A Brief Guide

Most parents dream of the day when they will become grandparents. The relationship between a grandchild and a grandparent – as most people will attest – is incredibly special. However, there may be a few circumstances where you don’t get as much access to your grandchild as you would like, and this can be really distressing and disheartening. As a grandparent, you do have rights to your grandchild, and it is important that you are aware of them. Keep reading. 

Your Rights

Obviously, parents have parental rights, meaning that they – unless they are abusive or neglectful or have had their rights terminated for whatever reason – have the right to a relationship with their child. Grandparents, on the other hand, do not have these same rights as a standard. They will not always have a legal right to visitation. In terms of specific rights, they can vary by state, so it is worth doing your research to find out what exactly your rights are in terms of petitioning the courts for visitation. 

Petitioning the Court

Once you have a better idea of the legislation in your state, you can start to think about petitioning the court. In some instances, it might make sense to prove familial ties first. AlphaBiolabs DNA test laboratory offers a few different services, including grandparent DNA testing. It is sometimes beneficial to have this when asking the court to grant visitation rights – especially if paternity is called into question. While again, the laws can vary by state; grandparents tend to be able to seek visitation if the parents have separated, if one of the parents has passed, if the child is born out of wedlock or if the parents have lost custody. 

 A lot of states do not allow grandparents to petition if the child is living with both parents because the decision of the parents to not allow visitation takes precedence. In some instances, the grandparents may want to go for custody as opposed to visitation. Realistically, grandparents can only typically gain custody if one or both parents are deemed unfit or have passed away. Or if one of both parents agrees that the grandparents should have custody. 

Enforcing Rights & Providing Proof

During the process, the grandparents will usually need to demonstrate and provide proof that they do indeed have a relationship or have tried to have a relationship with the grandchild. It would be advantageous for your case if you could provide proof that you have had or attempted to have frequent contact with the child. You will also need to demonstrate that the parents are unfit or unable to meet the child’s needs. You may also be able to prove that the child in question wants to see, visit or even live with you. 

To Conclude

Most people have incredibly fond memories of their grandparents, and that relationship can be really influential in a person’s life. As a grandparent, your rights to your grandchild can be a little confusing, so it is worth looking up the laws in your state. In the end, it comes down to what is best for the child, and that will be at the forefront of the court’s decision too.