Teen dating parental consent necessary
As such, the bond between grandparent and grandchild is often strong.When the family experiences a separation or divorce, a grandparent sometimes loses contact with their grandchildren through no fault of their own.The highest courts in Hawaii, Pennsylvania, Colorado, and Utah have recently ruled on this issue.In that case, the Supreme Court determined that the State of Washington’s visitation statute allowing grandparent visitation violated the due process rights of parents to raise their children and determine whether they associate with their grandparent(s) or not.In our practice, we see increasing numbers of grandparents as the primary caretaker for grandchildren especially as a source of child care.Young children sometimes spend more waking hours with their grandparent, even in an intact family, than with their parents who often have to work to support the family.
The same is not true for abortion, notwithstanding research suggesting that policies mandating parental involvement in either case present asignificant threat to teenagers' health andwell-being.A grandparent has the right to claim visitation with the child when he or she can intervene in an ongoing child custody case or the family is not “intact.” When there is an ongoing child custody case, a grandparent may intervene in the proceeding and file suit for custody or visitation. A case is resolved through a settlement agreement or court order. In general, a grandparent has a right to custody when he or she can show that both parents are unfit or have acted inconsistent with their constitutionally protected status as the child’s natural parents.Once the case is resolved through a settlement or permanent child custody order, there remains no ongoing case and the grandparent may not intervene to seek visitation. The grandparent win custody merely by showing the grandchild would be better served in the grandparent’s custody or that it is in the best interests of the child.Examples of reasons for determining a parent unfit or has acted inconsistent with their constitutional rights may include drug use, substance abuse, alcoholism, child abuse, child neglect, abandonment of the child, voluntary relinquishment of custody even if temporary under some circumstances, failure to care for the minor child or provide support, among other reasons. As a result, it is strongly recommended that grandparents enlist the aid of an attorney who routinely practices family law to assist them with a grandparent child custody or visitation matter.If both parents are determined to be unfit or have acted inconsistent with their constitutional rights, the trial court will determine custody of the child using a best interests test. If the grandparent successfully obtains an order allowing custody or visitation, it is possible for grandparents to remain a part of their grandkids’ lives whether the parent(s) desire this or not.
However, with respect to grandparents’ rights, the court have clearly distinguished custody from visitation. A grandparent does not have standing to sue for visitation upon a parent’s death. The grandparent may have to wait to file an action for visitation when one of the parents brings an action for child custody and re-opens the custody matter.