When it comes to the rights of grandparents in the United States of America, let there be no doubt!
Expect. It all depends …
Because each state enacts laws as individual cases come before their appointed and elected judges, the rights of a grandparent in Texas can be granted quickly, and just as quickly, a grandparent in California may never see you again. his grandson. In Florida, a grandmother can receive generous visitation rights because she showed that “grandparent alienation syndrome” would be detrimental to her grandchildren, while in Ohio a heartbroken grandfather with mountains of evidence loses his rights forever.
To understand how grandparent rights laws can be light years away from state to state, it is important to understand a little of the history of how those rights have evolved in the United States. Do not worry. It’s a brief introduction: A landmark Supreme Court decision, issued just eleven years ago, dealt a severe blow to the basic and enduring right of grandchildren to a loving relationship with grandparents.
In the case of Troxel v. Granville, the court refused to recognize any basis for granting visitation rights to anyone, stating: “The custody, care, and upbringing of the child resides first with the parents, whose primary role and freedom include preparation for the obligations that the state cannot provide or hinder. A law that allows anyone to petition a court for children’s visitation rights over parental objections unconstitutionally violates the fundamental right of parents to raise their children. “
The basic premise of Troxel v. Granville’s decision, then, is that a child’s parents intrinsically have the child’s best interests at heart.
But what about the ones that don’t? What about the 800,000 children in the United States who are abused or neglected each year? What about the thousands of innocent souls who are used as weapons by parents who are unable, or unwilling, to put the best interests of their children first?
Fortunately, as cases have been filed, several states have added their own criteria. Can it be proven that the child will be harmed if the grandfather is removed from his life? Many states require “clear and convincing” evidence that the child will suffer physical or emotional harm if visits are not granted. Can grandpa show “proof of love”? Letters, gifts, photos, videos … treasured memories that demonstrate a long-term loving relationship between grandparents and children. Is the biological family “intact” or “fractured”?
As more and more baby boomers experience the anguish of grandchildren torn from their loving arms, the laws will change. Tragically, even with good state laws on the books, if a judge is having a bad day or just thinks that grandpa is “sticking” his nose in the wrong place, a caring and involved grandparent may be permanently and immediately removed from it. the life of the grandson.
The sad and tragic fact of the matter is that until there is federal legislation that favors the rights of grandparents to maintain a loving relationship with their grandchildren, thousands of children will continue to be used as collateral damage … abused, neglected and mercilessly . launched as weapons of mass destruction, in the war of vengeance over reason.
