Rights For Grandparents

Grandparents Rights Manual

2009-06-19T16:14:00.005-05:00

With the number of divorces escalating at a frightening rate, more grandparents are experiencing serious problems involving their grandchildren.

~ You may have difficulty seeing them on a steady basis or you may have been denied visits altogether.

~ You may suspect or even know that they are neglected and possibly abused.

~ You may have found that they are being "warehoused" in daycare.

~ It is not uncommon for grandchildren to have been "given" to the other Grandparents and maybe necessary to go to court to help their grandchildren. This report is designed to let grandparents know their legal rights.

What options do they have concerning their grandchildren?

Grandparents Rights Manual presents information in a clear and concise manner about what is happening on both a national and a state basis--- IT COVERS THE SPECIFIC STATE REGULATIONS FOR ALL FIFTY STATES.

This 129 page report presents the most current information available. It will show you clearly WHAT YOUR OPTIONS ARE IN HELPING YOUR GRANDCHILDREN.

IT ALSO INCLUDES: The most up-to-date "precedent setting" legal cases and legal opinions from throughout the United States. Contains specific Grandparents information from every state in the U.S.

Grandparents Rights Manual 129 pages (and growing!)

With information changing all the time this manual is updated as needed.

If you need help you can find it here.

Joyce aka Nana

Grandmas For God

Grandparents Rights When It Comes to Grandchildren

2009-06-14T21:06:00.001-05:00

Recognition of grandparents' rights is a fairly recent trend. Although Federal legislation may affect grandparents' rights, these rights are primarily based on state law. Most statutes have been in effect for less than 40 years with most changes within the last 20 years and changing more everyday.

Though the courts are careful to make sure parent rights are not violated it is recognized, though many years of psychological study, that children need their grandparents and that if they are denied this relationship they tend to have problems as they grow up. Judges have realized this and take seriously "the child's best interest" concept.

In the past there have been cases where one state would issue rights to grandparents and then another state would "override" them. This has changed to protect the children. In 1998 Federal legislation was passed that requires courts in all states to recognize and enforce grandparent visitation orders from courts in other states.

All states have adopted a version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, previously the Uniform Child Custody Jurisdiction Act), which requires courts in the state where a child resides to recognize and enforce valid child custody orders from another state. Though the UCCJEA is not a federal statute, the provisions of this uniform law as adopted in each state are similar.

If you would like to read my personal story please go to Grandparents Do Have Rights When it Comes to Grandchildren.

I have heard a lot lately from grandparents who are wondering if they can get visitation with their grandchildren, and in some cases custody. I will share more posts as time goes on but if you need some help please refer to some wonderful publications I have found on the subjects.

Grandparents Visitation and Custody Rights

The lead authors are Dr. Barry Bricklin and Dr. Gail Elliot. They are nationally-known and respected Child Custody Experts. [Click Here] for their biographies.

Have a GREAT day and keep your chin up. Good things WILL happen!

Joyce aka Nana

Custody and Visitation Checklist

2009-06-14T20:45:00.005-05:00

This is a guideline that can be used for custody and visitation rights.

If you are seeking visitation all of the list below will not be necessary. This list covers all types of custody and visitation scenarios so all may not apply to you but it gives you an idea of what you might need to start doing.

Hire the right lawyer, with the right experience, knowledge and training. We have found--during our 35 years in the field—that hiring the correct lawyer is the most important action that you can take. Without the right lawyer nothing seems to work out as well—no matter how much work you put into your case.

Get recommendations for the right lawyer. (From your family lawyer, friends, bar association, etc.)

Make a list of the other person's weaknesses. The other person is usually your daughter, son, spouse or former spouse, but may be grandparents, foster parents, siblings, or even the State.

Make a list of the other person's strengths. This is really important, it is too easy to concentrate on the other person's weaknesses and what they do wrong--here we want you to list what they do right.

Make a list of your strengths.

Make a list of your weaknesses. Think about all the people in your household, too. Be honest. Only you and your lawyer will see the list.

List the strengths in your present position from the view of the judge: job, economics, help from any other family members, etc.

List the strengths of the other person in his or her present position.

Decide if you should be the first to initiate the suit.

Decide if you should try to settle the case.

Write out a Draft Custody or Visitation Plan. List everything that you want as if you will be able to get everything that you want—you won't get everything but making this list is a good start.

Make a list of the negotiable points in your Draft Custody or Visitation Plan:

Decide if you should start negotiating with the other person.

Make a list of your bargaining chips.

Decide if you should work out a temporary custody or visitation plan with the other person.

Find out what criteria your family court looks at when awarding custody.

Find out if your judge has specific prejudices. (Blond hair, women or men, successful women, athletic looking men, etc.)

Find out if the other person is using alienating strategies.

If the other person is using alienating strategies, put into effect a plan to counteract these strategies.

Decide if the other person may make false allegations in court. What would they be?

Decide how to refute any false allegations.

Make a list of witnesses that you have to refute potential allegations.

Write down, for each witness, how they should dress and act in court.

Decide how you should act in court.

Choose the clothes you will wear in court.

Decide if this is the right time to start dating.

Decide if this is the right time to move in with your new significant other.

Make a list of the marital assets. (If this is a divorce case.)

Include in the list when each asset came into the marriage. (If this is a divorce case.)

Include how each asset came into the marriage. (If this is a divorce case.)

Calculate how much insurance is in-force that would go to you and your child. (If this is a divorce case.)

Calculate how much insurance you and your child actually need. (If this is a divorce case.)

Medical coverage?

Write down the education plans for your child and yourself. (If this is a divorce case.)

Make a list of your future potential earnings.

Think about what could happen to increase or decrease your future earnings potential.

Make a list of the other person's estimated future income.

Write down any special earnings potential of the other person.

Decide if your child is being bribed.

If yes, decide on a course of action to counteract these bribes.

Make a list by subject of the important things you have not told your lawyer. You don't want any surprises in court. List arrests, bankruptcy, affairs, fights--everything!

Consider if there is a sickness or disability to be considered.

Make a list of any of the ways that you can help control legal costs.

Decide what to do if the other person wants to relocate.

Decide if you may want to relocate, now or later.

Decide if you need a Custody Evaluation to help your case.

Hire the right evaluator? Get recommendations from your lawyer, friends, etc.

Decide if the other person is trying to "get your goat."

Consider how it would help the other person if you did get angry.

If you are seeking visitation all of the above is not necessary. This list covers all types of custody and visitation scenarios so all may not apply to you but it gives you an idea of what you might need to start doing.

Hope this helps. It comes from The Child Custody Library written by Dr. Barry Bricklin and Dr. Gail Elliot.

Joyce aka Nana