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Grandparents rights?

I will preface this with this is only hypothetical not a situation I am *currently* in, just a discussion we were having. If a couple husband and wife JOINTLY decide to not allow grandparents to not see their children for whatever reason, do the grandparents have rights and can they take the parents to court and sue for visitation?

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Anonymous

Asked by Anonymous at 11:54 PM on Jun. 25, 2009 in General Parenting

Answers (10)
  • Yes, the grandparent's can sue for visitation. This has happened and will happen again - especially as the boomers age.

    http://www.aarp.org/family/grandparenting/articles/state_visitation_tips.html
    kaycee14

    Answer by kaycee14 at 11:59 PM on Jun. 25, 2009

  • Kaycee very interesting article. Though it does say that in many states the grandparents have to prove that the child is in harms way if they don't see the grandparents. I think that would be hard to prove and would go along the lines of having to prove the parent is unfit. I completely think forced visitation when both parents do not approve goes against the parents rights to chose for their child.
    Natsnumberthree

    Answer by Natsnumberthree at 12:17 AM on Jun. 26, 2009

  • Grandparents can try, but they will generally lose absent issues of abuse or neglect.
    Busimommi

    Answer by Busimommi at 12:28 AM on Jun. 26, 2009

  • In Texas grandparents have no rights.
    NewMum2007

    Answer by NewMum2007 at 12:29 AM on Jun. 26, 2009

  • In some states yes.....in Ohio no.
    ColleenF30

    Answer by ColleenF30 at 12:37 AM on Jun. 26, 2009

  • They can sue and win depending on the state. My mom lives in Kansas and was awarded visitation every other weekend. My niece really wanted to spend time with grandma and the judge determined my brother and his wife were irrational in not allowing the visitation and it was damaging their child. My niece was very happy to have those weekends. They tried to not follow through with the visitations the judge let them know if that happened there would be serious consequences. They were deemed good parents other than the fact they cut my mom out of their life because my brothers wife did not like my mom. She said my mom made her feel inferior because she was nice. My brother and his wife are on speaking terms with my mom now and the visitations go more smoothly for my niece. They finally got they needed to do what was in the childs best interest not just their own.

    Anonymous

    Answer by Anonymous at 2:07 AM on Jun. 26, 2009

  • Generally no. Most states require that the grandparents PROVE that BOTH parents are unfit. Most states don't bother with grandparent "visitation" debates.
    mnt_2_b_mommy

    Answer by mnt_2_b_mommy at 2:11 AM on Jun. 26, 2009

  • I know of case that is going to be heard on this in up state NY next month where the son died and was never married to the girl that had his child shortly after his death. Now the parents of the of the man that died is going to sue the girl friend for visitation rights. I doubt they are going to win? What do ya all think ?
    Anonymous

    Answer by Anonymous at 4:15 AM on Jun. 26, 2009

  • Thankfully here in FL GP's DO NOT have "rights". The only people who have rights to children are the PARENTS. The only way GP's 'Rights" come into play is if - one/both parents are found unfilt, one/both parents are in jail, one/both parents have died and the other parent is with-holding "access" from the GP's, and if the parents get divorced. Also I *believe* in some states the GP's have to proove that they've had some sort of guardian-ship or prior relationship to the child.

    If BOTH parents don't want certain GP's in the childs life - then that is that. PARENTS have the final say, end of story. Parents ALWAYS trump GP's. To many GP's use the "GP's RIghts" excuse when they (the GP's) don't get what they want - that is NOT what the GP's "Rights" law is all about. Some GP's use this "law" as a way to control their adult kids - because the GP's cant give up the control.
    Anonymous

    Answer by Anonymous at 10:34 AM on Jun. 26, 2009

  • Depends on the state. Grandparents do not have rights in most states. ANYONE can sure for rights to see someone (aunt, unlce, grandparents, etc) that doesn't mean they will get anything out of it.
    tyfry7496

    Answer by tyfry7496 at 11:04 AM on Jun. 26, 2009

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