3 Things You Need To Know About Your Rights As A Grandparent
When it comes to child custody, most people assume all of the fighting and arguing takes place between the two parents. However, that is not always the case. In recent years there have been more and more grandparents turning to the courts to get visitation with their grandchildren. If you are being denied access to your grandchild by their parents, don't lose hope. Here are three things you need to know about your rights as a grandparent.
1. Grandparents' rights differ from state to state
One of the most important things you must understand about your rights as a grandparent is that they differ depending on the state you live in. For instance, in the state of South Carolina, the court will only grant visitation rights to the grandparent if one parent is dead or if both parents are separated or divorced. The court will also look at the relationship between the child and grandparent in addition to the child's relationship with the parent.
On the other hand, some states, such as Alaska, require any request for visitation with grandparents be made during divorce or separation proceedings or after both parents have passed away.
2. Adoption can terminate your rights as a grandparent
In many cases, adoption can terminate any rights you have as a grandparent. There can be exceptions to this. For instance, if the child is adopted after their parents have passed away, visitation with their biological grandparents can be a provision allowed in the adoption paperwork. However, it is usually up to the adopting parents if they will agree to this.
Another recourse grandparents can have if the adopting parents don't agree to allow them visitation, is to take the matter before a judge. The judge will consider whether or not visitation with the grandparents is in the best interest for the child. However, if the child resided with you prior to adoption, your chances of getting visitation will likely be higher.
3. The way you interact with the child's parents can affect your outcome in court
When it comes to feeling as if you have had your grandchild taken away from you, your emotions can get the best of you. Once this happens, it is easy to say horrible things out of anger. Understand that, if you send threatening text messages or leave threatening messages on voice mail, the child's parent can use those as evidence as to why they don't want you around their child. After all, a judge isn't likely to feel it is in the child's best interest to be around an aggressive and volatile person.
In order to ensure you have the best chance possible of seeing your grandchildren, always take a step back when you feel yourself getting angry and emotional while dealing with the child's parents. If they don't answer the phone and it makes you angry, don't leave a message right away. Instead, hang up and regain your composure and then call back.
Also, be sure that you never argue with their parents in front of your grandchildren. You want to be able to say that you are always a source of love and affection for them and that image can be ruined with threatening messages and constant fighting in front of them. For more information, consutl with attorneys like Haslam & Perri LLP.