Over the years, one of the more widely discussed family law issues in legal circles has been that of the custody/visitation rights of grandparents.

Specifically, much of this conversation has to do with current U.S. Supreme Court precedent - which states that the wishes of competent parents are the guiding principles in the majority of disputes concerning grandparents' visitation rights - and the confusion it has created.

Essentially, each state - in an effort to comply with constitutional requirements - has passed its own laws that differ drastically in how they treat the issue of grandparents' rights.

For example, in some states, a petitioning grandparent is required to show that their relationship with their grandchild was similar to that of a parent, while in others, they must present "clear and convincing evidence" that the grandchild would be irreparably harmed without visitation.

Complicating matters further is the fact that many states have differing procedural requirements - some restrictive and some granting more latitude - in grandparents' rights cases.

Consequently, the outcome of a grandparents' visitation case may depend just as much on its facts as it does on the forum in which it is filed.

"Right now it's the luck of the draw if you're some poor family stuck in a state that doesn't stand behind that grandparent-grandchild bond and attachment," said Susan Hoffman, the founder of Advocates for Grandparent Grandchild Connection.

Interestingly, many parents and parent advocacy groups are concerned over the growing clamor for more favorable and uniform treatment in grandparents' visitation cases.

"There are very real assumptions on the part of society about parents who are involved in this kind of litigation," said Erin B., 33, who is currently fighting a legal battle to prevent visitation rights from being extended to her parents, as she fears it will potentially expose her children to abuse at the hands of another family member.

"It feels like our fitness has already been decided by the public because we've been sued by our parents or in-laws, and that's really disheartening," she added.

It remains to be seen whether the U.S. Supreme Court will attempt to clarify this area of the law, as the state of Alabama has recently petitioned for a review of a state Supreme Court decision striking down a grandparents' visitation statute as unconstitutional.

Stay tuned for developments from our Phoenix divorce blog ...

If you are currently involved in a child custody dispute or would like more information visitation/grandparents' rights, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

USA Today, "States' grandparents visitation laws raise concern" Nov. 7, 2011