Grandparents Rights To Grandchildren: The Spirit of the Law vs The Letter of the Law

By [http://ezinearticles.com/?expert=Angela_Montgomery]Angela Montgomery
Let's just admit it. When children are used as weapons, innocence dies.
Tragically and much too often, when a couple with children split up the effect has a massive & tidal impact on all of the people around them, including - and most especially - the offspring's God-given rights to be loved & protected by their Grand Parents. Even issues like the school to which the child goes can become fodder in the war of retribution. It's no wonder that grandparents' rights to grandchildren often wind up on the table...scrapped.
While laws regarding grandparents' rights to grandchildren vary from one state to the next, most of them rest on the idea that parents should be allowed to say who their child does and doesn't have access to. From the legal standpoint, the letter of the law puts those decisions squarely in the hands of the parents.
However, the spirit of the law...now that's a whole different ball game.
The law's intent - above all else - is to do what's in "the best interests of the children". The question then becomes what defines 'best interests'. Until recently, judges have seen fit to leave that question in the hands of parents - even when those parents are unable (or unwilling) to put the child's health & welfare first. The letter of the law by and large favors the biological father and mother, which makes getting legal rights to grandchildren in a visitation or custody dispute a tough & rocky mountain to climb, indeed.
Some state laws are more lenient toward grandparents' rights to grandchildren than others. All look to the landmark Troxel v. Granville Supreme Court case. That case said that visitation can only be enforced (and that includes grandparent visitation) when it's in the best interests of the children. Should you choose to go the legal route, it is up to you - and your expert attorney - to make the presiding judge understand that those interests include family traditions and genealogical legacy.
Some states interpret the spirit of that law differently. Some require grandparents to prove that physical or emotional harm will come to a child by being forbidden from seeing the grandparent in order to get visitation. Other states require grandparents to show "proof of love," which is something that has a very nebulous and subjective legal definition. Proof of love? Take pictures. Shoot videos. Write letters. Send gifts.
Often, looking back on a divorce, good parents are able to see that they may have been rash in making the decisions they did regarding grandparent rights to grandchildren. Even if the parent didn't particularly enjoy their former spouse's parents, they are often able to recognize that the child would be much happier if they were allowed contact with that grandparent. Time can make a difference...
Meanwhile, we must advocate for grandparents visitation rights change...so that the Letter of the Law and the Spirit of the Law, always come together in doing what's in the best interests of our beloved children.
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/grandparents-rights-to-grandchildren/]grandparents rights to grandchildren visit the site at [http://www.grandparentsrights911.com/]http://www.grandparentsrights911.com
Article Source: [http://EzineArticles.com/?Grandparents-Rights-To-Grandchildren:-The-Spirit-of-the-Law-vs-The-Letter-of-the-Law&id=6422359] Grandparents Rights To Grandchildren: The Spirit of the Law vs The Letter of the Law