Grandparent Rights

[deleted account] ( 54 moms have responded )

Do you think grandparents should have legal rights to see their grandchildren? I know it varies state to state, however I was curious to hear what people think.

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Jodi - posted on 06/09/2010

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In the situation you outline, even a biological parent may not be granted custody. I think everyone has the right to argue their case, but no, it should not be an automatic right to gain visitation.

[deleted account]

Jodi,



I do agree if one parent dies, is incarcerated, etc, then in that case, a grandparent would have rights. But that is a little different, because then it becomes an issue of guardianship/custody, not just visitation. Or, if the parents are deemed unfit for whatever reason (abuse, drugs, etc), then I definitely would advocate for the children to removed from the situation and placed with relatives.



However, to give an example. What if one of the grandparent constantly spoke ill of you to your child, or lied to you about what they did with your child while under their care? In that case, should the grandparent still have a legal right to visit with your child on say, a weekly basis?



Edited: Oops...just re-read your post. Skip the custody/guardianship part, since that doesn't apply to what you said, as one parent would be living/caring for the child. I do think in extreme cases like you mention...a grandparent should seek visitation rights. But what about in a situation like my example above?

Jodi - posted on 06/09/2010

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In Australia, grandparents do have rights, and I agree with that. I am not totally sure what those rights are because I've never needed that particular law, but I know that they do.

I do agree that it is up to the parents to provide grandparents with their time, but what about if one or the other parent was jailed, or died? I'll give you an example. If something were to happen to me, my ex would get custody of my son (unless someone else fought and won, but that would be a difficult battle). Now, believe me, he would not volunteer in any way to allow my son to see my parents (or my current husband and our daughter - his sister). I absolutely 100% advocate the rights of grandparents, step-parents and half-siblings (just to bring another thing into it, LOL).

[deleted account]

I should probably state my thoughts on this.

I personally do not think grandparents should have legal visitation rights. I think it should be entirely up to the parents who their child spends time with. I know that sadly, in some cases, children are not allowed to see their grandparents for the wrong reasons. Regardless, I still believe that no one should be granted legal rights to my child (other than my husband and I), as long as I am living. The only possible reason I could see for grandparents to be granted such rights is if both parents are deemed unfit to care their children, but not simply because the grandparents want to see their grandchildren more often.

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