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Hypothetical Grandparents rights question.

If some one lived several states away from their parents and they sued their child for their grand parent's rights, would they go by the court and laws in the state the grandchild lives in with their parents, or the state the grandparent lives in?

 
Anonymous

Asked by Anonymous at 7:05 PM on May. 31, 2009 in Just for Fun

This question is closed.
Answers (5)
  • Factors Considered for Custody or Visitation
    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.

    Best Interests of the Child
    Courts in every jurisdiction must consider the "best interests of the child" when granting custody or visitation rights to a grandparent. In some states, the relevant statute provides a list of factors the court should considered when determining a child's best interests. Other states do not provide factors in the statute, but courts in those states have likely identified factors in custody and visitation cases interpreting the state statutes.

    aubrees_mommie

    Answer by aubrees_mommie at 8:02 PM on May. 31, 2009

  • I am not sure, ...but i think it would be the state where the claim was filed. ...and i dont know the laws about how that works.
    I know that if my DS's BM tries to file anything on behalf of her son she has to come to California where he lives. ...But again, that is california and it is her biological son.
    outstandingLove

    Answer by outstandingLove at 7:16 PM on May. 31, 2009

  • I think it's the state where you live. I'd check with a Surrogate Court assistant on that one. Each state is different. Some states have no grandparents rights. Others are very liberal. Some states you have to prove that the grandparent/s are abusive. It's a hot mess. It's also expensive for grandparents to hire an attorney for that purpose.
    Sarcasm

    Answer by Sarcasm at 7:40 PM on May. 31, 2009

  • The following factors in determining the best interests of the child are among those included in state statutes and CASE LAW:

    •The needs of the child, including considerations of physical and emotional health of the child, the safety of the child, and the welfare of the child
    •The capability of the parents and/or grandparents to meet the needs of the child
    •The wishes of the parent(s) and the grand-parent(s)
    •The wishes of the child, if the child is capable of making decisions for himself or herself
    •The strength of the relationship between the grandparent(s) and grandchild
    •The length of the relationship between the grandparent(s) and grandchild
    •EVIDENCE of abuse or neglect by the parent(s) or grandparent(s)
    aubrees_mommie

    Answer by aubrees_mommie at 8:03 PM on May. 31, 2009

  • •Evidence of substance abuse by the parent(s) or grandparent(s) •The child's adjustment to the home, school, or community •The ability of the parent(s) or grandparent(s) to provide love, affection, and contact with the child •The distance between the child and the parent(s) or grandparent(s) you can get the rest of the info here


    http://www.enotes.com/everyday-law-encyclopedia/grandparents-rights

    aubrees_mommie

    Answer by aubrees_mommie at 8:04 PM on May. 31, 2009