What are the Grandparents' Rights to Grandchildren Whose Parents Divorced?

Following a divorce, grandparents may seek the court's permission to visit or even file for custody of their grandchildren. Every state has its own laws supporting the grandparents' rights, especially if the divorced parents are in conflict and cannot come up with a fair division of the custody and care of the kids.

State legislatures for grandparents' rights have been in effect for nearly 35 years, per the National Council on Family Relations. Advocates for grandparents' rights believe that children can benefit from maintaining a stable relationship with their grandmother or grandfather.

They support the premise that if the parents are no longer together, it could be more traumatic for the children to lose their connection with their grandparents. Thus, in some states, the custodial rights of the grandparents are not immediately cut off if the parents' relationship does not work out.

However, those who oppose giving grandparents access to their grandkids come from the thinking that the grandmother and grandfather should never interfere with the parents' decisions. If the mom and dad are no longer together but still competent and capable of raising their kids, then the grandparents cannot impinge on what the mother or father wants.

Read Also: Court Bans Texas Mom from Contact with Her Child; What is Suspected Munchausen Syndrome by Proxy?

The Troxel v. Granville decision

Such was the call of the U.S. Supreme Court when it handed down its landmark decision in Troxel v. Granville in 2000. This case, involving ex-spouses Brad Troxel and Tommie Granville, affirmed the parental rights over the grandparents' rights.

After Troxel and Granville divorced, Troxel brought his daughters to their grandparents every weekend. But then Troxel died a few years later, and his ex-wife asked the court to limit the paternal grandparents' visit to once a month.

The grandparents fought for their right to see their granddaughters every weekend, for a week during the summer, and for four hours on their grandparents' birthdays. The lower court granted this, but the girls' mother appealed.

Granville eventually won her appeal in the Supreme Court, which believed that parents will always have the fundamental right to their children over the non-parent. The Supreme Court also stated that there should be prerequisites that grandparents must meet to exercise their grandparents' rights with the child's best interest at the core of their case. Otherwise, the law will ultimately side with the decision of the parent.

What can grandparents do if they want to see their grandkids?

Depending on the state and the situation, the grandparent may choose not to go to court if they want to keep seeing the children. Instead, they should try negotiating with the parents without involving the law. They can, however, base their grandparenting time as mandated by the state where the grandchildren live, per the American Grandparents Association.

Grandparents must also remember that the kids could be under stress due to their parents' custody battle. They do not need the added stress of their grandma and grandpa in conflict with their parents.

For grandparents seeking to become custodians, however, they should first become legal guardians or file for custody. Expectedly, this will be a lengthy legal process, especially if other family members will contest the petition.

Related Article: Setting Boundaries for Grandparents Who Tend to Spoil their Grandchildren