The controlling law is based upon a U.S. Supreme Court decision that recognized certain constitutional rights of parents to raise their own children. Despite that, one state near Arizona has had a grandparents’ rights statute on the books for at just about 20 years. A recent case pitting a mother against her own parents in another state has caused some to propose a new law seeking to restore the legal rights of parents. Others, however, claim the current law already accomplishes that.

A Texas mother was having trouble with her son, and she turned to her parents for help. The parents, who live in New Mexico, ran a program for troubled youth called Teen Challenge. The mother says she agreed to send her son to New Mexico to her parents to enroll the boy in the program. Instead, the mother claims the parents did not enroll the youth, but sought and won custody of him through the courts in their state. In addition to awarding custody, that court also ordered the mother to pay child support, and the boy has apparently indicated he wants to live with his grandparents.

While a move is now underfoot in Texas to pass a parental rights law, at least one law professor thinks the move is unnecessary. She notes that, under the current laws, grandparents must demonstrate exceptional circumstances to gain access, particularly in view of the U.S. Supreme Court ruling. Proof that the child is actually in danger may be required before courts act in the best interests of a child.

Nevertheless, grandparents’ rights remain an important issue nationally. While each state treats these concerns differently, the focus is on balancing the constitutional rights of parents with the best interests of a child and the rights of a grandparent to visitation or more. These are complicated issues that depend upon the facts of a particular matter. As such, they deserve careful consideration and advocacy to convince a court to act in what is truly the best interests of the children involved.

Source: KCBD.com, “Critics: Grandparent access law threatens parental rights,” Natasha Sweatte, Aug. 27, 2012

The post Grandparents’ rights: The growing national debate continues appeared first on Phoenix Family Law Attorney | DeShon Laraye Pullen PLC.

Grandparents’ rights have come about as the marriages of their sons or daughters have failed. In some situations, their offspring have moved back home; in others, grandparents have become involved in child custody proceedings, seeking to maintain the bond they have formed with their grandchildren.

While each situation is different, there are some tips that may be helpful to grandparents as they attempt to navigate an admittedly slippery slope. Stay neutral, stay connected and stay on message. That three-pronged approach may help keep caring grandparents involved while also guarding their pocketbooks and maintaining the lifestyle they want.

The grandchild at the center of a divorce has likely already felt the tension between the parents. There is no sense in adding to it by offering opinions about the parties, even in the face of questions from children about when things will be okay once again. Rather than making personal attacks or defending bad behavior, the focus is more appropriately put on the parents’ decision to live apart and the fact that the children are still very much loved by parents and grandparents alike. Indeed, it is even possible that today’s spat between the parents could segue into tomorrow’s reconciliation, making neutrality all the more important.

The emotional turmoil that an Arizona divorce often brings likely means that the parents are not truly focused on visitations with grandma and grandpa. While continuing to stay as neutral as possible, offers to help out with caring for the children or attending events and activities may be helpful. This is best accomplished in a spirit of cooperation, so that a parent does not worry that an in-law may be planting seeds of negativity.

In child custody disputes, courts make decisions based on the best interests of the children. To the extent that grandparents can see their interactions with the child from that perspective, they are more likely to stay on message. In other words, don’t shower them with gifts to win them over. Grandparents’ rights protection is a growing segment of the law, and those that are able to keep the focus on what is best for the grandkids are likely to come out ahead.

Source: SleekGossip.com, “Grandparents and divorce: Tips for helping your grandchild,” July 1, 2012

The post Arizona grandparents’ rights: how to stay involved with grandkids appeared first on Phoenix Family Law Attorney | DeShon Laraye Pullen PLC.

Some 2.7 million children across our country have lived with grandparents, another extended family member or close family friends, and that alone is an increase of about 18 percent in just the last decade. Be that as it may, grandparents’ rights still have a ways to go in Arizona and elsewhere as the group fights for visitation and the right to raise their children’s offspring when circumstances warrant.

One grandparent realized her grandson had a need for her love when he was born with cocaine in his blood. Even though the child welfare agency in the state where the boy lived determined that the parents were not fit to raise the child, the grandmother still had to deplete her retirement savings of just about $100,000 to wage a 10-year battle to gain custody of the boy. She was ultimately successful.

Along her journey the grandmother learned about several grandparents’ rights groups — like Generations United — that gave her important advice about benefits programs and other information. She now advocates that grandparents and other extended family members that are providing primary care for a child in the family should be granted the same status as foster care parents, thus enabling them to be entitled to benefits that currently pay foster parents an average of $700 monthly per covered child.

These are important issues in Arizona and elsewhere, and support for them may indicate a shift in priorities in our society to back the concept of grandparents’ rights in appropriate circumstances. In truth, children raised in grandparent homes are said to profit from the stability and are more likely to say that they are loved. And that is certainly a very good thing.

Source: Huffington Post, “Kinship Care More Common, But Public Help Lags,” Saki Knafo, May 23, 2012

The post Grandparents’ rights: kinship care fights for legislative change appeared first on Phoenix Family Law Attorney | DeShon Laraye Pullen PLC.

Unfortunately, there are no nationally mandated rules regarding these rights for grandparents in Arizona or elsewhere, though some states have made small steps in this direction.

Constitutionally, grandparents don’t have any legal rights over their grandchildren so long as the child’s legal parents are able to rightfully fulfill their roles as parents. Some states, however, allow for grandparent’s to petition for visitation rights, but they also shoulder the burden of proving their relationship with their grandchild is in the best interest of the child. Other states provide more of a challenge, though, and require grandparents to prove that the child would be negatively impacted without their presence in his or her life.

No matter the legislation in Arizona or elsewhere, it can be particularly saddening for a grandparent to be unable to be a part of their grandchild’s life. And while there are steps they can take to assure their rights, the process can be daunting and seem nearly hopeless.

The American Bar Association suggests that those seeking grandparents’ rights should avoid going to court and seek mediation instead. A court battle in these cases may do more harm than good, but if it is handled civilly and expertly, in many cases families in these circumstances may see improvement in their relationships and an increased well-being for the child in question.

Source: The Huffington Post, “Constitutional Rights of Grandparents: Do We Have Any?,” Karin Kasdin, March 16, 2012

The post What are grandparents’ rights and how can they be protected? appeared first on Phoenix Family Law Attorney | DeShon Laraye Pullen PLC.