by Denise Murphy

Created on: May 08, 2008

All states now have legislation that protects the rights of grandparents but mostly just for visitation. Key factors to remember when petitioning the courts for your grandparents rights to visitation are: is their a bond between the grandparent and child, best interests of the child and is the parent a fit parent. These are the three most important factors determining if the courts will uphold your visitation rights.

One of the biggest reasons grandparents fail in asserting their rights is not knowing what their rights are or the proper forms to file. If you are seeking assistance in a battle with the grandchild's parents you will have more effect with an attorney who specializes in family law. When hiring an attorney do some research yourself first when it comes to your state and have in hand the state code that states your rights as a grandparent in your state. The Iowa House of Representatives passed legislation in March of 2007 giving Iowa grandparents the right to petition the Iowa courts for visitation of their grandchildren. It was admitted into the Iowa Code 600C July 1st, 2007 but many attorneys were still unaware of the new law. Don't expect any help from the Department of Human Services better known as DHS either as they are firmly on the parents side in this issue in most instances.

In todays society the elderly still are coping with prejudice regarding age and income. Many grandparents find their grandchildren being placed in fostercare or put up for adoption when the parent can not take care of them properly and the Department of Human Services may decide against a grandparent because of age or their income and many times both reasons. If a grandchild is put up for adoption the likelyhood of vistation is nearly zero unless the adoptive parent agrees which in most cases is very rare.

Communication breakdowns in families because of divorce, illness, or even plain spite can rip grandparents from seeing their grandchildren. One should consider before filing court papers for visitation of the grandchildren would be to try an find out why they are keeping you from your grandchildren and try to work out the problem before involving the court systems. If the situation does not improve than the next step would be to inform the parent that you are aware of your rights as a grandparent and that if necessary you will petition the courts for visitation. In some cases this can work to your advantage as the parent may not want the court involvement or may not be aware that all states now have grandparents rights to protect the elderly from this kind of abuse. I site that can offer some insight is www.elderlyaffairs.com which is current on issues regarding grandparents rights and may be able to further assist you with your concerns.

Manuals, books and forms are available concerning grandparents rights at www.amazon.com by authors such as Traci Truly, Susan Hoffman and Patricia Perkins. Websites available are www.CustodyCenter.com with prices ranging from $69.00 to $99.00, www.nationalgrandparentsrights.com with a membership of $40.00 a year and also at www.iowagrandparentsrights.com with a membership of $12.00 a year. All three websites listed have available books, manuals and forms to assist a grandparent with filing in their state or have access to materials or knowledge.

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