Child Custody - Parents vs Grandparents

[Antonia Eastwood]

In 2000, the United States Supreme Court made a landmark decision
regarding the visitation rights of grandparents, according to which,
it is the fundamental liberty of the parents to decide about their
child's custody. It includes the freedom to decide when and with whom
can minor children spend their time and this is also applicable to
grandparents.
While listening to the petition filed by grandparents for visitation
rights, courts almost always consider the decision and wishes of the
custodial parent. Importance is given to the objections of the parent
regarding the visitation of the grandparents. Even in the ruling of
Troxel case, the US Supreme Court advised parents to adopt a relaxed
attitude. It had urged them to strive towards building an amicable
bonding between the grandparents and grandchildren. Many legal experts
have opined that one of the best ways to resolve such a conflict is to
discuss the matter with the parents rather than involve the legal
system. Discussions can take place openly, through attorneys, via
mediation, or through some form of alternative dispute resolution.
Communicating with the parent and grandparents can eliminate
misunderstandings and can prove to be far more productive than
intervention of the legal system while preserving the relationship at
the same time.
Apart from this, there are certain general guidelines which can be
followed by the grandparents. When a parent of your grandchildren
decides to remarry, it may be best to encourage and support him/her.
This can generate positive feelings and synergy between the parent,
grandparent, and the children. It is essential that grandparents be
able to prove that their visits would be in the best interest of the
children. Therefore, grandparents would do well to avoid speaking
negatively about the parent and avoid creating conflict. With a little
bit of perseverance and flexible behavior with the parents,
grandparents may be able to build and preserve a consistent and caring
relationship with their grandchildren which otherwise might have been
severed.
? 2007 Child Custody Coach