Grandparent Rights
The legal ability of grandparents to petition the court for visitation or, in rare cases, custody of their grandchildren.
Understanding Grandparent Rights
All 50 states have some form of grandparent visitation statute, though they vary widely in scope. The U.S. Supreme Court's Troxel v. Granville (2000) decision established that parents have a fundamental right to make decisions about their children, limiting grandparent claims. Courts generally consider whether visitation serves the child's best interest, the pre-existing relationship between grandparent and child, and why a parent is objecting. Grandparents may have stronger claims when a parent has died, is incarcerated, or has been found unfit.
Real-World Examples
After their son passed away, the grandparents petitioned for visitation rights with their two grandchildren, citing a strong existing bond.
Related Terms
The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, and religious training.
Physical CustodyThe right to have the child live with you, determining where the child resides on a day-to-day basis.
Guardian ad LitemA court-appointed advocate, often an attorney, who represents the best interests of a child in custody or divorce proceedings.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.