| Grandparent's rights and visitations were gaining some | | | | to press your case with the courts. Death and |
| momentum due to the rulings in 2006 in the following | | | | incarceration are other reasons that grandparents may |
| states: Pennsylvania, Colorado, and Utah. The courts in | | | | get courts to aware full custody. |
| those states obviously saw the need to include | | | | "Grandparent organizations believe grandparents |
| grandparents in the lives of their grandchildren. | | | | should have rights to petition the court" when it comes |
| The Supreme Court in 2000, ruling in a case from | | | | to visitation, said Amy Goyer, national coordinator for |
| Washington State greatly curtailed grandparent rights. | | | | the Foundation's Grandparenting Program. She |
| To answer the question, "What's the problem?" one | | | | believes that "It should be left up to the courts in terms |
| can easily surmise that it is the court system. States | | | | of what is in the best interest of the grandchild." |
| have different laws and different customs with | | | | If you have to go to court, "The burden of proof is |
| respect to grandparent's rights and visitations. The | | | | firmly on grandparents to show visitation is necessary," |
| Supreme Court with any ruling can render all state | | | | says Jeff Atkinson, adjunct professor of law at |
| laws null/ void. | | | | Chicago's DePaul University. This court perspective |
| "Everything changed after [the Supreme Court Ruling]," | | | | places grandparents in conflict with their own children |
| said Barbara Jones, an attorney with the Foundation | | | | and can cause additional problems for families. |
| litigation staff. The ruling increased parents' rights. Since | | | | If there is a solution to this problem it lies in mediation. |
| 2000, the following states have ruled that their state | | | | Bringing the parties together with a trained mediator is |
| statutes are unconstitutional: Florida, Illinois, Iowa, | | | | the first step, after intense research, to resolve the |
| Michigan, and Washington. | | | | issues. The cost of mediation is an economical |
| Don't give up the ship grandparents, you can still get | | | | strategy that should be tried before a very costly |
| visitation with your grandchildren under certain | | | | court appearance. Moreover, all parties have to put the |
| conditions. For example, when grandparents have | | | | child/grandchild first. |
| raised their grandchildren for years and then are cut | | | | To find a mediator in your area, check out the National |
| off because the parents' return is a very good reason | | | | Association for Community Mediation. |