Grandparents throughout the United States
For grandparents in this situation, their lives may as well be over because their grandchildren are everything to them especially if the grandparents are elderly. Many are too old or too tired to fight any more, but this doesn’t have to be the end of your relationship with your grandchildren. You do have legal rights!
Grandparent Vis itation
All 50 states currently have some type of "grandparent visitation" statute through which grandparents, and sometimes others (foster parents and step-parents, for example), can ask a court to grant them the legal right to maintain their relationships with their grandchildren. But state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances.
If you are denied the opportunity to have a relationship with your grandchild, you don’t have to tuck your tail between your legs and go away. You do have legal rights to visit your grandchildren, and you do have a right to ask the court to grant you your legal right to maintain a loving relationship with your grandchildren.
The courts do give great deference to a parent's decision to limit the visitation, especially if the parent doesn’t want anything to do with the grandparent but limited visitation is better than no visitation at all.
Slim Chance in Georgia
In the State of Georgia
This means that grandparents have very little chance of winning visitation if the parents of the child are in an existing marriage and ban visitation of the grandparent.
Hire a Family Law Attorney
It appears that grandparents in Georgia
Do not attempt to handle this matter on your own because it is a very complicated process which requires an experienced family law attorney. If you are financially unable to hire an attorney, I’ve noted a very helpful website at the end of this article that could help you. This site will also give you valuable information on raising your grandchildren.
Many family law attorneys will give you the first consultation for free. This is a great opportunity to ask a lot of questions before undertaking the expense of hiring an attorney to help you. In this regard, I suggest you get a note pad and make a list of questions to ask the attorney before hand.
It’s also a good idea to have some statistics about the child…for instance, the age of the child, the relationship you have or had with the child, your relationship with the child’s parents and their interference with you visiting your grandchild, the child’s wishes and what’s in the best interest of the child.
The Best Interest of the Child
Emphasize that it is in the best interest of the child to be able to have a relationship with you. The courts place great value on “the best interest of the child.” In many cases, if the child is 12 years of age or older, that child can speak for his or herself in court.
Many courts will allow a child to take the stand in court and speak up on behalf of the grandparent and the child’s wishes. On the other hand, doing so could also be detrimental to the grandparent. But the court has the final say so.
Adoption of a Grandchild
Regarding adoption, in many states the grandparent with visitation rights to a grandchild also has the privilege to file objections to the petition of adoption if neither parent has any further rights to the child, and if the petition for adoption has been filed by a blood relative of the child, such as an aunt or uncle. This is also true if both parents are deceased.
The Parent Loses Custody
There are many reasons why a parent or parents lose custody of their child and if this happens, the court takes custody of the child by placing the child in a foster home or allows the child to reside with a blood relative temporarily until the child is legally adopted.
This is when adoption proceedings begin and grandparents have an opportunity to adopt their grandchild because they are a blood relative. Remember, it is not unheard of for a grandparent to be granted full custody of their grandchild.
If you do decide to adopt your grandchild, keep in mind that the court will dig deep into your lifestyle, finances, your health and your ability to care for that child. So be prepared.
For more information and helpful tips, go to the following website: http://www.raisingyourgrandchildren.com
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Canadian Grandparents Rights
Several months back, I wrote a small article for another website in which a woman asked a question about grandparents rights in Canada. As you know, we show no preference here at Legal 4 You Now when it comes to helpful information regardless of what country you live in. The following may be useful to Canadian grandparents, especially grandparents who find out that their grandchildren have been taken across the border and into the United States.
In Ontario, Canada
In Canada, grandparents rights are still in the legislative system. Based on a study done by Niagara Falls legislator Kim Craitor, researchers have showed that more than 75,000 Ontario grandparents have been denied the right to visit their grandchildren and the sad part of it is that 112,500 grandchildren didn't get to see their grandparents. Something needs to be done right away to remedy this.
If this Bill is passed, Ki Craitor will ask the courts to consider the relationship between the children and their grandparents as part of the custody case. The legislation would also guarantee grandparents court ordered visitions.
News from Alberta, Canada
In Alberta, the Provincial Court Amendment Act of 1997 was amended to include the following:
...if a grandparent at any time is refused access to a child, the Court may on application make an order as it sees fit regarding the grandparent's right of access to the child.
The application for an order under this section may be made (a) by a grandparent of the child, or (b) by the child, who may apply with or without any person interested on his behalf.
The Children's Law Reform Act
As of December 2, 2010, Bill 22 has not passed. I read that an advocate for Windsor and surrounding Ontario, posted on March 14, 2011, there was a second reading of Bill 22 in which it received 100% of the votes on behalf of grandparents.
The proposed bill, which would amend the Children's Law Reform Act will require parents and others with custody of children to refrain from unreasonably placing obstacles to personal relationships between the children and their grandparents.
Update
As of the posting of this article, I did not find any new information regarding Bill 22. It looks like it's time to call an attorney. If anyone has heard something new, I'd like to know about it so we can get the news out with your help.
Show your Support on Facebook
Someone on Facebook is also trying to get rights for grandparents in Ontario. They are obtaining signatures to change the Children's Law Reform Act. Here's the website http://www.facebook.com/group.php?gid=121794302965. Perhaps you can find more information regarding this Bill.
You're not Helpless - Advocate
In addition to adding your signatures on Facebook, there are many organizations listed below who would like to hear from you. So be your own advocate and speak up for your rights; even if you have to protest in your front yard and start a petition like one woman did. They are as follows:
Canadian Grandparents' Rights Association
Alberta Office National Director: Florence Knight
2416 Ulrich Rd., NW, Calgary, Alberta, Canada
T2N-4G5 // phone: 403 284-3887 / fax: 403 289-1524
email address: knightf@telus.net
2416 Ulrich Rd., NW, Calgary, Alberta, Canada
T2N-4G5 // phone: 403 284-3887 / fax: 403 289-1524
email address: knightf@telus.net
Ottawa branch president: Madeleine Bremner
1998 Anthony Ave., Ottawa, Ontario,K2B 6T9, Ph:(613)722-3310
Grandparents Requesting Access and Dignity (G.R.A.N.D.) Society & Chapters:
Toronto Nucleus/President/Founder: Joan Brooks
219 Browning Ave., Toronto, Ontario, M4K 1X1,Ph:(416)469-5471
219 Browning Ave., Toronto, Ontario, M4K 1X1,Ph:(416)469-5471
Ottawa chapter president: Lilliane George
1516 Boucier Drive, Orleans, Ontario, K1E 3J5, Ph/Fax:(613)837-8371
Manitoba chapter president: Eileen Britton
153 Roquette St., Winnepeg, Manitoba, R3K 1M6, Ph:(204)888-0482,
E-mail:britton@mb.sympatico.ca
Quebec chapter president: Mathilde Goldberg
12 Park Place, Apt. 1, Westmont, Quebec, H32 2K5, Ph:(514)846-0574, Fax:(514)846-0235
12 Park Place, Apt. 1, Westmont, Quebec, H32 2K5, Ph:(514)846-0574, Fax:(514)846-0235
Hamilton chapter president: Sylvia Chappell
154 Balmoral St., N., Hamilton, Ontario, L8L 7R8, Ph:(905)544-2668
New Brunswick chapter:
1010 Dornridge Rd., Burtts Corner, New Brunswick, E6L 2V2, Ph/Fax:(506)363-5743
Helping Unite Grandparents and Grandchildren, (H.U.G.G.'s)
607 Pine Ridge Ave., Amherstburg, Ontario, N9V 3W3, Ph:(519)736-5116,
Fax:(519)736-0189
Fax:(519)736-0189
Oakville-Hamilton chapter:
19 BlueHeron Lane, Carlisle, Ontario, L0R 1H1, Ph:(905)690-4026, Fax:(905)690-4969
The Association To Reunite Grandparents & FamiliesPresident: Betty Cornelius
RR#1, McArthurs Mills, Ontario, K0L 2M0, Ph:(613)474-0035, E-mail:
grandma@northcom.net or ICQ #20937540
other chapters at:
Oshawa: (905)723-9954 or (905)435-0489, Uxbridge: (905)985-0066, Waterloo:
(519)746-2254, Oakville: (905)339-2465, Bancroft: (613)474-0035
RR#1, McArthurs Mills, Ontario, K0L 2M0, Ph:(613)474-0035, E-mail:
grandma@northcom.net or ICQ #20937540
other chapters at:
Oshawa: (905)723-9954 or (905)435-0489, Uxbridge: (905)985-0066, Waterloo:
(519)746-2254, Oakville: (905)339-2465, Bancroft: (613)474-0035
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