Grandparents Do Have Rights

Many feel that grandchildren are one of the greatest blessings in life. It is no small wonder that most grandparents want to spend quality time with their grandchildren. Unfortunately in some cases there are situations that arise, divorce to name one, that make the enjoyment of these special children seem nearly impossible. That need not be the case.

While there are many reasons families can disintegrate, divorce, the death of a parent, drug or alcohol abuse, incarceration, even what may be simple protracted disagreements. When those situations occur, grandparents still have certain legal rights, and can seek to redress visitation with their grandchildren or even custody in some extreme cases. These rights and the relevant laws vary from state to state. Understanding your own basic rights can help ensure that your special relationship with your grandchildren doesn't end even if the children's relationship with your adult child does. 

Grandparents in every state in the United States have rights, in some circumstances, to be awarded custody of their grandchildren or to be awarded court-mandated visitation with their grandchildren. Grandparents' rights are not constitutional in nature....Recognition of grandparents' rights by state legislatures is a fairly recent trend, and most of the statutes have been in effect for less than 35 years.

Courts grant visitation or custody to grandparents only when certain conditions provided in the state statutes are met. Conditions for a grandparent to attain custody differ from those conditions required for visitation rights. A grandparent should be familiar with the conditions for either custody or visitation before determining whether to file a petition to request either from a court of law.

Opening a dialog through mediation may be the quickest and most direct method of regaining visitations with your grandchildren. Generally, family members participate in mediation voluntarily. In some cases mediation is recommended or ordered by a family court. During mediation, all involved parties get together, in the presence of a neutral professional, to discuss the issues at the heart of the matter. Mediation works because families end up understanding each other's basic underlying interests and what may be best for the wellbeing of the children.

A mediator can help you decide the proper method to propose a mediated family meeting. When you contact a grandchild's parents, be respectful and positive. Complement them on their good parenting; confirm that you know they want the best for their child, just as you do, and that you'd like to support them. If communications are impossible let your mediator make the approach.

Explain your desire to have a family mediator help all of you to communicate more effectively and come to a mutually agreeable and beneficial solution. 

Provide contact information for the mediators you've talked with, but be open to using another mediator if they request it. Tell them you'll check back with you or your mediator by a certain date after they have had time to think about it. 

You can make a phone call, write a letter or in some cases WHYmediate can contact your family directly for you. A simple phone call can start the process for you. 480-777-5500

At WHYmediate?, we give you the tools you need to resolve conflict in a positive learning environment.

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions