By [http://ezinearticles.com/?expert=Angela_Montgomery]Angela Montgomery
When it comes to grandparents rights in the United States of America, let there be no doubt!
Wait. It all depends...
Because each state makes law as individual cases come before its' appointed & elected judges, the rights of a grandparent in Texas can be quickly granted and - just as lightning fast - a grandparent in California may never see her grandchild again. In Florida, a grandmother may be given generous visitation rights because she proved "grandparent alienation syndrome" would be harmful to her grandchildren, while in Ohio a heart-broken grandfather with mountains of evidence loses his rights forever.
To understand how laws on grandparents rights can be light years apart from one state to the next, it's important to grasp a tad bit of history about how those rights have evolved in America. Don't worry. It's a short primer: A landmark Supreme Court decision - rendered just eleven years ago - struck a massive blow to the long-standing and basic right of grandchildren to maintain a loving relationship with grandparents.
In the case of Troxel v. Granville, the court refused to recognize any basis for granting visitation rights to anyone, declaring, "The custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder. A law that allows anyone to petition a court for child visitation rights over parental objections unconstitutionally infringes on parents' fundamental right to rear their children."
The basic premise of the Troxel v. Granville decision, then, is that a child's parents inherently have the child's best interests at heart.
But what about those who don't? What about the 800,000 children in the United States who are abused or neglected each year? What about the thousands of innocent souls who are used as weapons by parents unable - or unwilling - to put their children's best interests first?
Thankfully, as cases have come before them, several states have added criteria of their own. Can it be proven that harm will come to the child if the grandparent is removed from his life? Many states require "clear and convincing" evidence that the child will be physically or emotionally harmed if visitation isn't granted. Can the grandparent show "proof of love"? Letters, gifts, photos, videos...treasured keepsakes that prove a long-term, loving relationship between grandparent & child. Is the biological family "intact" or "fractured"?
As more and more baby-boomers experience the heartache of grandchildren torn from their loving arms, laws will change. Tragically - even with good state laws on the books - if a judge is having a bad day or simply of the mindset that the grandparent is "sticking" her nose in where it doesn't belong, a loving & involved grandparent can be permanently & immediately removed from the grandchild's life.
The sad and tragic fact of the matter is that until there is federal legislation favoring the rights of Grand Parents to maintain a loving relationship with their grandchildren, children by the thousands will continue to be used as collateral damage...abused, neglected and mercilessly launched as weapons of mass destruction, in the war of revenge over reason.
Angela Montgomery is Chief Editor for GrandparentsRights911.com. She is a leading authority on grandparents rights, and tirelessly advocates for laws granting the rights of children to have a loving relationship with their grandparents. For more information, resources & support on [http://www.grandparentsrights911.com/grandparent-rights-in/]grandparent rights in your state visit the site at [http://www.grandparentsrights911.com/]http://www.grandparentsrights911.com
Article Source: [http://EzineArticles.com/?Grandparent-Rights-In-America---How-Our-Grandchildren-Became-Collateral-Damage&id=6433556] Grandparent Rights In America - How Our Grandchildren Became Collateral Damage
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