Arguments Against Grandparents' Visitation Rights

About a year ago, I started focusing on understanding legal concepts because of some legal trouble I was having at work. It was really discouraging to be left dealing with the idea that my entire future could be decided by a single judge, but I knew that I had to do something to make things right. I started working with a professional lawyer to understand what I was facing, and it was fascinating to learn more about the law. I wanted to create a website all about focusing on legal concepts to help other people who might be facing legal trouble.

Arguments Against Grandparents' Visitation Rights

Arguments Against Grandparents' Visitation Rights

3 March 2016
 Categories:
Law, Blog


Do you think grandparents should have visitation rights for their grandchildren? Although conflicts involving these rights are not as common as those involving parental rights, people seem to have a different opinion on this issue. Here are some of the objections put forth for curtailing grandparent's visitation rights:

It's The Parents Prerogative 

One of the common arguments is that it is the parents' prerogative to raise a child. Going by this narrative, competent parents should be left to raise their children as they deem fit, including allowing or denying access to the grandparents. The assumption is that a fit parent knows what is best for their child.

For example, the U.S. Supreme Court has stated that although grandparents have limited rights to visit with their grandchildren, parental objections should be given special weight. Some states also seem to back this argument, which is why they restrict grandparents' visitation rights to cases where at least one of the parents is deceased.

Conflict Can Destabilize Grandchildren

Child custody and visitation aren't about parents' or relatives' wishes; they are meant to serve the best interests of the child. Unfortunately, a full-out conflict between grandparents and parents, for example, if the former are fighting for their visitation or custody rights, may not be in the best interests of the child. Children suffer when their loved ones (grandparents and parents) fight, and a legal conflict may also deplete the resources needed to raise the kids. In such a case, some people argue, it may be best (for the children) to curtail the grandparent's rights.

Good Causes for Denying Grandparents

Finally, some families have specific cases that warrant denial of grandparents' rights. These are cases where the grandparent would interfere with the wellbeing of their grandchildren. Grandparents, just like other human beings, can make bad decisions or engage in harmful acts that affect children. For example, a grandparent that tries to turn the children away from their parents, by bad mouthing the parents in front of the children, should not be allowed to associate with the kids.

Whatever objections you may have with your children's grandparent interacting with your children, know that you should raise them within the confines of the law. This means going to court to voice your objections, instead of making unilateral decisions that may be against the law. That being said, it is reassuring to know that the court is likely to agree with you as long as you have reasonable grounds for your objections. To learn more, contact a family attorney like Fleishman Law Office SC

About Me
Focusing On Legal Concepts

About a year ago, I started focusing on understanding legal concepts because of some legal trouble I was having at work. It was really discouraging to be left dealing with the idea that my entire future could be decided by a single judge, but I knew that I had to do something to make things right. I started working with a professional lawyer to understand what I was facing, and it was fascinating to learn more about the law. I wanted to create a website all about focusing on legal concepts to help other people who might be facing legal trouble.

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