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Family Law Resource Directory
Home > Articles: Types of Child Custody Agreements
Family law, family law lawyers, family law attorneys, family law firms and family law resources and information related to divorce, legal separation, annulments, grandparent rights, child custody, visitation, division of assets, property division, domestic violence, family violence, restraining orders, all matters of family law.
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Grandparent Rights to Visitation
If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have no common law right to see their grandchildren if the parents object. And all these people are right. There is absolutely no basis in constitutional law regarding grandparent visitation rights in the United States. However it is interesting to know that grandparents can be entitled a visitation right with grandchildren in some cases. There are a lot of limitations that such order will be ordered by a court.
In order to obtain such visitation right, the grandparent may have to present evidence to the court that the absence of visitation would be harmful to the child regarding his health and welfare. Considering that that parents have a fundamental right to the care, custody and management of their child, the grandparent has to show that there is a sufficient reason for the court to interfere with the parent's right to educate the child without such external interference. Therefore it seems very difficult to prove such harm to the child. Besides, most courts would fear that allowing grandparents an external visitation right could be harmful to the parental authority. It would also create intergenerational disputes which could be even more detrimental to the child. Therefore, courts often recommend that parent and grandparents reach an agreement off the court.
Under specific circumstances grandparents can be granted custody rights of the child. When one parent is dead, the other surviving parent normally is preferred to obtain the custody of the child. But if both parents are dead, courts can decide to award the custody of the child to the grandparents since a blood relative is preferred to obtain the custody. But even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he has the custody of the child compared to other blood relatives. Then courts make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for a child.
About Family Law
Family Law is an area of law that covers many areas including but not limited to the following: Divorce, Dissolution of Marriage, Domestic Partnerships, Legal Separation, Annulment, Nullity, and Nullity of Marriage, Parentage and Paternity, Child Support, District Attorney Issues, Spousal Support and Alimony, Wage Garnishments, Arrears or Arrearages, Location of Assets, Child Custody, Visitation, Child Custody Evaluations, Post-Judgment Modification of Orders, Division of Property, Domestic Violence, Restraining Orders, Summary Dissolution, Guardianship or Probate Court, Qualified Domestic Relations Order (QDRO), Division of Pensions, Adoption, Grandparent's Rights Stepparent's Rights (Custody and Visitation), Name Changes, Pre-Nuptial Agreements, Post-Nuptial Agreements, Arbitration, Mediation Services, Alternative Dispute Resolution (ADR), Collaborative Law or Collaborative Divorce, Registration of Foreign Judgment or Order, Final Judgments and Final Judicial Orders.
Family Law Articles
- Legal Separation Article: Legal Separation and Divorce
- Types of Child Custody Agreements
- Child Visitation: The Best and the Worst Case
- What are premarital agreements?
- Grandparent rights to visitation
- Victims of Domestic Violence: What to Do?
- Is Domestic Violence a Crime?
- Child Support Calculation
- Temporary Restraining Order and Restraining Order after Hearing: What is the difference?
- Is Domestic Violence Different from a Civil Harassment?
If you are seeking legal advice on a family law matter such as the family law matters listed above, you may want to discuss your specific situation with a family law attorney. For example, if you are going through a divorce, you will want to consult an divorce lawyer or divorce attorney who specializes in divorce. If you are going through a child custody related matter, then you may want to consult a custody attorney or custody lawyer who specializes in child custody cases. Regardless of your family law matter, you will want to consult an attorney in your area to find out where you stand legally and what your legal options are.
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