Grandparents Rights Are Enshrined in Law

Divorce and separation, aside from raising some very difficult
issues, also creates problems when it comes to grandparents visiting
and caring for their grandchildren.

It's a well-known fact that kids love their Grandpa or Grandma and
love spending time with them. Unfortunately, if there is a divorce,
separation or death in the family, this causes some very real problems
for the grandparents. They often find themselves without a legal leg to
stand on when it comes to seeing and caring for their grandkids.
Thankfully, all 50 states have laws and statutes that allow
grandparents to visit.

In part, the reason legislators got behind this issue is that
grandparents are also the last resort for children in need of
protection and a place to call home. It isn't unusual to see
grandparents taking on the reprisal role of "parent" in the absence of
the legal parents, either due to death, divorce, drug or alcohol
issues, or absenteeism due to work.

In fact, the U.S. Supreme Court handed down a decision in 2000 that
indicated, in brief, that parents cannot limit the visits of
grandparents. Grandparents also have the enshrined right to visit the
kids no matter where they live, thanks to the Visitation Rights
Enforcement Act of 1998.

There is a bit of a process to go through to get these visitation
rights. If grandparents want legal permission, they need to petition
the Superior Court of their state. Factors looked at prior to granting
permission for visitation include: the nature of the relationship
between the child and grandparent, the applicant's mental and physical
records, and the preference of the child. The overriding consideration
is if the grandparent's visit would be a benefit to the child or not.

The days when grandparents had no idea whether or not they could see
their grandkids anymore are at an end. The courts these days have a
major focus on doing what is best for the children and that includes
considering the grandparents in the equation. This is even more crucial
as the divorce rate keeps soaring.

Knowing your legal rights as a grandparent is important if you find
yourself in the middle of a custody battle and you need to take over to
ensure the child(ren) have a caring, nurturing place to stay. To find
out what your legal rights as a grandparent are, talk to a competent
family law attorney. It never hurts to be prepared for the future.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland,
Beasley & Galliher. The law firm focuses on Las Vegas family
law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.