Grandparents' Visitation After Divorce and Death: Litigation Strategies and Proactive Steps to Protect Rights

Description

The relationship between grandparents and grandchildren can be a healthy, positive, and important one. The Supreme Court case of Troxel v. Granville holds that the "fundamental right of parents to rear their children" includes the ability to manage the grandchild/grandparent relationship. This ruling strengthens the parents' ability to exclude a grandparent.

The two most common situations arise when a child's parent dies or a parent divorces and the surviving or custodial spouse cuts off the grandparent relationship. The issue also occurs where the grandchild is adopted. In extreme instances, living and married parents refuse a relationship between their child with the grandparents.

Expensive litigation is inevitable when the parties are wedded to emotionally driven positions. Well drafted prenuptial agreements, detailed divorce decrees, and estate documents can prevent or minimize controversy.

Grandparents can control some variables if litigation results. Courts consider the existing relationship and value a long-term, loving relationship. In a problem situation, the grandparent should continue efforts to stay in touch with the child, such as mailing cards and gifts, and keep a record of attempted contacts with the grandchild.

Listen as the panel discusses this legally evolving issue, and provides valuable guidance in responding to client concerns.