What are grandparents' rights to visitation?

Although all states had statutes allowing grandparents to seek visitation with their grandchildren, the U.S. Supreme Court issued a ruling in 2000 that will make it more difficult for grandparents to obtain court-ordered visits with their grandchildren. In the case of Troxel v. Granville, the Court found that fit parents should be given more deference on decisions regarding with whom the child will associate than was provided by the Washington State law. The Court left open the possibility that some grandparents could obtain court-ordered visitation if, for example, the grandparents can show that they had a particularly strong relationship with their grandchildren, it would harm the child not to continue the relationship, and it is in the child's best interest to continue. The burden of proof is on the grandparents.

May courts award grandparents custody of their grandchildren?

Yes, but usually only if neither parent wants the children or if the parents are unfit. Courts examine such factors as the grandparents' age, health, and ability to care for the children. Courts will not deny grandparents custody because of their age, as long as they are healthy.

Some custody disputes between grandparents and parents arise when the grandparents have been raising their grandchildren for a considerable length of time under an informal arrangement. The grandparents may have become the "psychological parents" of the grandchildren by the time the parent or parents seek to regain custody. In this circumstance, courts in many states will allow the grandparents to retain custody, even if the parents are fit.

What are a stepparent's duties and rights?

The responsibilities of a stepparent depend on state law. A stepparent is not usually liable for a spouse's child from another marriage, unless the stepparent has adopted the child. Until then, the child's biological parents are liable for his or her support. Some states, however, make stepparents liable for the stepchild's support as long as the stepparent and the stepchild are living together.

A stepparent who does not adopt a spouse's child may not normally claim custody of the child if the marriage ends in divorce, although some states allow a stepparent to seek visitation. A stepchild does not share in the estate of a stepparent, unless the stepparent has provided for the stepchild in a will. However, unmarried stepchildren under eighteen may receive supplemental retirement benefits or survivor's benefits under Social Security.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association