The latest family law development in Colorado and elsewhere in the United States is the push by grandparents to assert legal rights in the lives of their grandchildren. Some parents are not keen on the idea. In many states parents who are competent are seen as the guiding light when it comes to making decisions in their children's lives. Some grandparents say it is time to recognize the special bond between grandparent and grandchild.
Many courts across the country are addressing the balance of parents' constitutional rights to make decisions in their children's lives and the desire by grandparents to legally be involved in the lives of their grandchildren. The U.S. Supreme Court will decide whether it will take another look at the issue in coming months. The Court already addressed the issue 11 years ago and ruled that the decisions of competent parent's are primary.
The tension between parents and grandparents has grown when it comes to visitation rights. Though parents generally decide who gets to spend time with their child, in unique circumstances state courts have stepped in to order non-parent visitation when it is deemed to be in the best interest of the child. Disputes over access to children between parents and grandparents have arisen in two-parent families, divorces, remarriages and situations where one parent dies.
Each state has responded differently to each circumstance and the result has been a mishmash of state law. Some states give grandparents greater latitude whereas others do not.
Grandparents say they do not want custody just the right to visitation. Parents say they want the right to protect their children from family members who have broken trust and boundaries.
Source: USA Today, "States' grandparent visitation laws raise concern," Nov. 7, 2011
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