One of the considerations in divorces
that is often overlooked is the rights of grandparents. Questions about
these rights have become more pronounced as divorce rates continue to
rise and as grandparents play an increased role in the raising and
nurturing of children. Here are a few principles to help guide your
understanding of this issue.
1. The issue is complicated and often does not have specific answers
Grandparent considerations vary from
state to state. In addition, various state legislatures have deemed
federal and even state regulations to be illegal within their state.
This means that there are no set or universal answers. Often, the
questions must be handled by a judge on a case-by-case basis.
2. Different types of rights
The rights that grandparents seek are
similar to those that a spouse tries to maintain: visitation and
custody. While it might seem that visitation is an easier right to
acquire, this is not necessarily the case. There is no federal guideline
or constitutional provision for grandparents, and unless an individual
state allows for visitation rights, there may be no legal means to visit
grandchildren after a divorce. Custody rights are more commonly
considered because a grandparent may have a significant or even primary
role in raising children. In these cases, a judge may be more likely to
award partial custody rights to grandparents.
While no sweeping laws have been passed
that regulate grandparents’ rights in a divorce, the conversation is
becoming more common. If you have questions about this, you should visit this website to consult a family lawyer in San Diego
An interesting article. Actually an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage fail.
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