07 Jul 2023
Family Law
The bond between grandparents and grandchildren is beautiful and unique. In many families, this relationship holds great significance. However, not all grandparents are lucky enough to share unlimited time with their grandchildren, that's why they need grandparents visitation rights.
Usually, events such as the death of a parent, estrangement, or divorce can tear families apart, leading to zero contact between children and their grandparents. In most severed relationships, a parent or guardian often blocks access to grandchildren. This is when many grandparents begin to consider seeking grandparents' visitation rights.
Many states began to enact laws to protect the rights of grandparents during the late 1970s. Pennsylvania updated its laws regarding grandparent rights with 2018 Act 21, which clarifies when grandparents can seek visitation and when they can demand full child custody. The family law attorneys at Lermitte & Lubin explain more.
Understanding the Importance of Grandparent Visitation Rights
Sudden drastic changes such as divorce or death can be confusing and stressful for many children. They are likely to feel more secure if they have a constant in their lives, such as their grandparents. The presence of involved and loving grandparents can boost the overall well-being and stability of a child. Grandparents serve as mentors, confidants, and role models, offering a sense of continuity. Their presence can enhance a child's self-esteem, resilience, and sense of identity. That's why grandparents' rights are so important. These rights can help kids live in a nurturing environment.Factors Affecting Grandparents' Visitation Rights
Before you ask when can grandparents seek visitation rights, you must first understand what factors can affect your rights as grandparents. Remember, each case is different when it comes to grandparents' rights. But the court will consider the following factors when making the decision.- The pre-existing relationship between the grandparent and grandchild.
- Grandparent's ability to provide a nurturing and stable environment.
- Child's preferences (if of an appropriate age).
- Parents' wishes and concerns.
- The overall impact of granting or denying visitation on the child's well-being.
- Reasons for the denial of visitation by the parents (e.g., abuse, neglect, substance abuse).
- The requirement to demonstrate significant harm to the child's well-being if visitation is denied.