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Grand Parent Visitation Rights
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For the Young Ones

 

 

For Our Grand Parents
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~Grand Parent Visitation Rights  ~Individual States  ~Other Sites ~News from the States  ~Do Your Home Work

Grand Parents, welcome to this page. You may feel like a minority, but please consider this. I asked a very good friend and Advocate for Family Rights in her state: If we wanted to join ALL families together, knowing they may have different experiences and views, what would you state to affiliate ALL of us as families. Here is her statement coming from her Higher Power
Knowledge is Power


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A Statement for Your Consideration

“We are joining forces with all persons affected by Parens Patriae to include parents, extended family, foster parents and father's and mother's rights groups. While this is a difficult endeavor due to various divisions, the focus will be on challenging the system with the unified goals and commonalities that each is suffering under in family courts and through CPS.”
(See Definition: Parens Patriae)

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Please Help Me with This Page
If you have a good link or information for Grand Parents please email me
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Safe Kids ~ A Group for Your Consideration

I taught elementary school for 33 years, and now in my retirement I’m a full-time grandma, a part-time blogger, craft-maker, and huge fan of Safe Kids USA on Facebook and Twitter.

I have a 2 year-old granddaughter, who I babysit and drive back and forth to daycare frequently. When I care for her, it's usually in my home. I think it’s my responsibility as a caregiver to be familiar with the latest safety tips and information.

I learn so much from being a part of the online community at Safe Kids USA on Facebook and Safe Kids USA on Twitter that I often pass along the tips and safety information on my blog, which is called “Grandma to Grandma.”

These Safe Kids USA online communities are truly lifesavers. Take a few minutes to join. You’ll be glad you did.

Thanks for your time.

Sincerely,

Barbara Russell
Safe Kids USA Grandma

P.S. Join what I think is the most useful network of parents, grandparents, caregivers, and safety experts around: Safe Kids USA on Facebook and Safe Kids USA on Twitter.
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Visit
GRANDE Central  

GRANDE Central is intended to raise the awareness of grandparents raising grandchildren and relative caregivers. Topics include to name a few: the importance of family relations, legal and legislative policies that affect family, caregiver self-care, health issues, and holistic living principles.
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State Fact Sheets for Grandparents and Other Relatives Raising Children
http://www.grandfactsheets.org/state_fact_sheets.cfm
Here is an introduction to a site maintained by AARP on Facts Sheets that will be updated at least annually. Multi-Generational Families are increasing each year.

Fact Sheet

October 2007

More than six million children - approximately 1 in 12 - are living in households headed by grandparents (4.5 million children) or other relatives (1.5 million children). In many of these homes, grandparents (approximately 2.4 million) and other relatives are taking on primary responsibility for the children's needs. Often they assume this responsibility without either of the children's parents present in the home.

These grandparent and other relative caregivers often lack information about the range of support services, benefits and policies they need to fulfill their caregiving role. In an effort to remedy this situation, a group of national organizations working on behalf of children and/or seniors has prepared State Fact Sheets for Grandparents and Other Relatives Raising Children, which provide helpful state-specific data and information for each of the states, Washington, D.C., Puerto Rico, and the U.S. Virgin Islands.

In a unique national partnership, AARP Foundation, Brookdale Foundation Group, Casey Family Programs, Child Welfare League of America, Children's Defense Fund, and Generations United have compiled and released state fact sheets and one national fact sheet that include:

  • Census data on the number of grandparent caregivers and the children they are raising
  • A comprehensive list of local programs, resources and services
  • State foster care policies for kinship (grandparent and other relative) caregivers
  • Information about key public benefit programs
  • Important state laws
  • National organizations that may be of help

Each fact sheet will be revised once annually, with approximately 12-13 states being fully updated each quarter. If you have information or updates for these Fact Sheets, click here.

 top of the page

To access the Fact Sheet for a particular state:

 top of the page

Disclaimer: None of the sponsoring organizations whose logos appear on this website ( AARP Foundation, Brookdale Foundation Group, Casey Family Programs, Child Welfare League of America, Children's Defense Fund, or Generations United) recommend or endorse any of the groups, agencies or services listed on the GrandFacts State Fact Sheets. Neither the sponsoring organizations nor any of their employees make any warranty, expressed or implied, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information. None of the sponsoring organizations shall have liability to any website user or to any third party for any loss expense, or damage, including consequential, incidental, special or punitive damages. A user's sole and exclusive remedy for dissatisfaction with this service is to cease using the service. Please be advised that there may be other similar services available that have not on these fact sheets and therefore are not listed. The sponsoring organizations are not obligated to include any specific groups, agencies or services and may choose not to include some that submit their information. The sponsoring organizations are not responsible for consumer interactions with groups, agencies or services listed on these fact sheets.

Grandparent Visitation State Statute Summary

From About.com From FindLaw.com

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Alabama Alabama courts struck down portions of the grandparent visitation statute as unconstitutional. The Alabama Legislature in 2003 amended the statute to comport with constitutional requirements. Under the revised statute, a court may grant visitation to a grandparent if visitation is in the child's best interest and one of five events has occurred: (1) one or both parents of the child are deceased; (2) the marriage of the parents of the child has been dissolved; (3) a parent of the child has abandoned the child; (4) the child was born out of wedlock; or (5) the child lives with both biological parents, but one or both of the parents has prevented a grandparent from visiting the child. The state's custody statute requires courts to consider the moral character of the parents and the age and sex of the child to determine the best interests of the child.
Alaska Determination of grandparent visitation rights must be made in an action for divorce, legal separation, or child placement action, or when both parents have died. Adoption cuts off the visitation rights of grandparents unless the adoption decree provides for visitation between the child and the natural relatives.
Arizona A court may award visitation rights if the child's parents' marriage has been dissolved for at least three months, or the child is born out of wed-lock. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent.
Arkansas The custody statute requires that court grant custody "without regard to the sex of the parent but solely in accordance with the welfare and best interest of the children." Conditions for grandparent visitation rights include several circumstances where the grandchild has resided with the grandparent, the child's parents are divorced, the child is in the custody of someone other than a parent, or the child has been born out of wedlock. Adoption cuts off all visitation rights of the natural grandparents.
California Conditions for grandparent visitation rights include a determination of whether a parent is deceased, the child's parents are divorced or separated, the whereabouts of one parent is unknown, or the child is not residing with either parent. In addition to determining that visitation is in the child's best interests, the court must find that the grandparents had a preexisting relationship with the grandchild. The court must also balance visitation with the parents' rights. If both parents agree that the court should not grant visitation to the grandchild, the court will presume that visitation is not in the child's best interests. Adoption does not automatically cut off the visitation rights of grandparents.
Colorado A court may award visitation rights if the child's parents' marriage has been terminated, legal custody of the child has been given to a third party, the child has been placed outside the home of either of the child's parents, or the grandparent is the parent of a deceased parent of the child. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent.
Connecticut A court may award visitation rights if visitation is in the child's best interest. Adoption does not automatically cut off the visitation rights of grandparents.
Delaware A court may award visitation rights if visitation is in the child's best interest. Adoption cuts off all visitation rights of grandparents.
Florida The Florida Supreme Court has on more than one occasions ruled that the application some provisions of the Florida statute providing grandparental visitation is unconstitutional. Under the current statute, Florida courts may award visitation to a grandparent when visitation is in the child's best interest and (1) the marriage of the child's parents has been dissolved; (2) a parent has deserted a child; or (3) the child was born out of wedlock.
Georgia The custody statute does not list specific factors for the court to consider for determining the best interest of the child. A court may award visitation rights if an action is pending where there is an issue involving the custody of a minor child, divorce of the child's parents, termination of a parent's rights, or visitation rights. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent or a natural relative of the child.
Hawaii The custody statute requires courts to consider the child's wishes, if the child is old enough and has the capacity to reason, and evidence of any domestic violence, when determining the best interest of the child. A court may award visitation rights if Hawaii is the home state of the child at the time visitation is requested, and visitation is in the best interest of the child. Adoption cuts off all visitation rights of grandparents.
Idaho A court may award visitation rights if visitation is in the child's best interest. Adoption cuts off all visitation rights of grandparents.
Illinois In 2002, the Illinois Supreme Court determined that the Illinois Grandparent Visitation Act violated the Illinois Constitution. A new visitation statute became effective on January 1, 2005. Under the new statute, a court can grant visitation to a grandparent if visitation is in the best interest of the child and the grandparent has been unreasonably denied visitation to the child. A court may not grant visitation to a grandparent where both parents object to such visitation.
Indiana A court may award visitation rights if either of the child's parents is deceased, the child's parents' marriage has been terminated, or the child was born out of wedlock. In addition to considering whether visitation is in the child's best interest, a grandparent must show that he or she has had, or attempted to have, meaningful contact with the grandchild. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent or a natural grandparent, sibling, aunt, uncle, niece, or nephew of the child.
Iowa The custody statute requires courts to consider the best interest of the child that will provide the "maximum continuing physical and emotional contact with both parents." The Iowa Supreme Court has ruled on more than one occasion that the Iowa statute providing grandparental visitation is unconstitutional, and the Iowa Legislature has not adopted an alternative statute.
Kansas A court may award visitation rights in a custody order. Adoption cuts off the visitation rights of the grandparents unless the grandparent is the parent of a deceased parent and the surviving parent's spouse adopts the child.
Kentucky A court may award visitation rights if visitation would be in the child's best interest. A court may award a grandparent the same visitation rights as a parent without custody if the grandparent's child is deceased and the grandparent has provided child support to the grandchild. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a stepparent, and the grandparent's child has not had his or her parental rights terminated.
Louisiana A court may award visitation rights if the child's parent is deceased or declared legally incompetent, a grandparent is the parent of the deceased or incompetent parent to the grandchild, and visitation is in the child's best interest. Adoption cuts off the visitation rights of grandparents except in circumstances where the grandparents are the parents of a deceased party to the marriage or the parents of a party who has forfeited his or her rights to object to the child's adoption.
Maine A court may award visitation right if at least one of the child's parents is deceased, visitation is in the child's best interest, and visitation will not interfere significantly with the relationship between the parent and the child. Adoption cuts off all visitation rights of grandparents.
Maryland The custody statute does not provide a list of factors for determining the best interest of the child. A court may award visitation rights if visitation is in the child's best interest. The factors for determining the child's best interest have been set forth in case law. Adoption cuts off all visitation rights of grandparents.
Massachusetts The custody statute does not provide a list of factors for determining the best interest of the child. A court may award visitation rights if the child's parents' marriage is terminated, the parents are separated, one of the parents is deceased, or the child was born out of wedlock and paternity has been established. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a stepparent.
Michigan A court may award visitation rights if the child's parents' marriage is terminated, the parents separate, or custody of the child is given to a third party other than the child's parents. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a stepparent.
Minnesota A court may award visitation rights if a child's parent is deceased and the grandparents are the parents of the deceased parent. Visitation may also be granted during or after divorce, custody, separation, annulment, or paternity proceedings. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a stepparent or another grandparent.
Mississippi The custody statute does not provide a list of factors for determining the best interest of the child. If the child is at least 12 years old, he or she may choose who takes custody. Conditions for grandparent visitation rights include determination of whether one of the child's parents is deceased, or a parent has had his or her parental rights terminated. The court must also consider the relationship between the grandparent and grandchild. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a stepparent or a blood relative.
Missouri A court may award visitation rights if the child's parents have filed for divorce, one parent is deceased and the other parent has unreasonably denied visitation to the grandparent, or when a parent or parents unreasonably deny visitation to a grandparent for more than 90 days. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent, another grandparent, or a blood relative.
Montana A court may award visitation rights if the court finds that visitation is in the child's best interest. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a step-parent or another grandparent.
Nebraska A court may award visitation rights if at least one parent is deceased, the parents' marriage has been dissolved or a petition for dissolution has been filed, or the child is born out of wedlock and paternity has been established. Grandparents must demonstrate that a beneficial relationship exists between themselves and the grandchild and that visitation is in the child's best interest. Visitation cannot interfere with the parent-child relationship. Adoption cuts off all visitation rights of grandparents.
Nevada A court may award visitation rights if the child's parents are deceased, the child's parents are divorced or separated, or one of the child's parents have had his or her parental rights terminated. The child's parent or parents must have unreasonably restricted visitation between the grandparent and grandchild before a court may award visitation to a grandparent. If a child's parent or parents has denied or unreasonably restricted access to a grandparent, a court will presume that visitation is not in the child's best interest. Adoption cuts off all rights of grandparents unless grandparents request visitation before the termination of the parental rights of the child's parent or parents.
New Hampshire A court may award visitation rights if the child's parents are divorced or have filed for divorce, one of the parents is deceased, one of the parents has had his or her parental rights terminated, or the child has been born out of wedlock, if the child has been legitimated. Adoption cuts off all rights of grandparents.
New Jersey A court may grant visitation rights if visitation is in the child's best interest. Adoption cuts off the rights of grandparents, unless adoption is granted to a stepparent.
New Mexico A court may grant visitation rights if the child's parents are divorced, separated, or deceased. Visitation rights may also be granted if the child is over six years old, lived with the grandparent for more than six months, and was subsequently removed from the grandparent's home (if the child is under six, the residence requirement is reduced to three months). Adoption cuts off the rights of grandparents unless adoption is granted to a stepparent, a relative of the child, a caretaker designated in a deceased parent's will, or a person who sponsored the child at a baptism or confirmation.
New York The custody statute does not provide statutory factors for determining the best interest of the child. A court may grant visitation rights if at least one of the child's parents is deceased or if the court finds that equity demands intervention based on the circumstances of the case. Adoption does not automatically cut off the visitation rights of grandparents.
North Carolina The custody statute does not provide statutory factors for determining the best interest of the child. A court may grant visitation rights as part of an order determining custody of the child. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent or a relative of the child, where the grandparent proves that a substantial relationship exists between the grandparent and grandchild.
North Dakota A court must grant visitation rights unless the court determines that visitation would not be in the child's best interest. The amount of contact between the child, the grandparent, and the parent are factors to be considered when determining the child's best interest. Adoption cuts off the rights of grandparents, unless visitation was granted prior to the adoption.
Ohio A court may grant visitation rights if the child's parents are deceased, divorced, separated, were parties to a suit for annulment or child support, or were never married to one another. Grandparents must show they have an interest in the child's welfare. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent.
Oklahoma A court may grant visitation rights if visitation is in the child's best interest. The statute provides special rules when the child is born out of wedlock. Adoption cuts off the visitation rights of grandparents unless the grandparents can show a previous relationship existed between them and the grandchild, and visitation is in the child's best interest.
Oregon Determination of grandparent visitation rights include consideration of the relationship between the grandparent and grandchild, as well as the relationship between the parent and child. Adoption cuts off all visitation rights of grandparents.
Pennsylvania A court may grant visitation if at least one of the child's parents is deceased, the parents are divorced or separated for more than six months, or the child has lived with the grandparent for more than 12 months. Determination of grandparent visitation must include consideration of the best interest of the child, potential interference with the parent-child relationship, and the contact between the grandparent and grandchild. Adoption cuts off visitation rights of grandparents unless adoption is granted to a stepparent or grandparent.
Rhode Island The custody statute does not provide statutory factors for determining the best interest of the child. Determination of grandparent visitation must include consideration of the relationship of the grandparent and grandchild, including the best interest of the child. Courts may also grant visitation if the child's parents are divorced or the parent who is the child of the grandparent is deceased. Adoption cuts off all visitation rights.
South Carolina A court may grant visitation if one parent is deceased, or the parents are divorced or separated. The court must consider the relationship between the grandparent and the child, as well as the parent and the child. Adoption cuts off all visitation rights of grandparents.
South Dakota The custody statute does not provide statutory factors for a court to determine proper custody. A court may grant visitation if one parent is deceased, or the parents are divorced or separated. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a step-parent or grandparent of the child.
Tennessee Tennessee courts held that the previous version of the grandparent visitation statute was unconstitutional. The Tennessee Legislature amended the statute to comport with the state constitution. Under the revised statute, a court may grant visitation rights to a grandparent only in one of the following situations: (1) the mother or father of the child is deceased; (2) the child's parents are divorced or were never married to one another; (3) the child's mother or father has been missing for the preceding six months; (4) a court in another state has ordered grandparent visitation; (5) the child previously lived with the grandparent for 12 months or more; (6) the child and grandparent(s) maintained a significant relationship for 12 months. If one of these events occurs, the court may award visitation right if the child is in danger of substantial harm should the court deny visitation and visitation is in the best interests of the child.
Texas The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child's parents is deceased, incompetent, incarcerated, or has had his or her parental rights terminated. Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been adjudicated a delinquent or in need of supervision, or the child has lived with the grandparent for at least six months within 24 months of the filing of the petition for visitation. Adoption cuts off the visitation rights of the grandparent unless the adoption is granted to a stepparent.
Utah Conditions for grandparent visitation rights include whether a parent is deceased, or whether the parents are divorced or separated. Adoption cuts off all visitation rights of grandparents.
Vermont Conditions for grandparent visitation rights include consideration of whether a parent is deceased, incompetent, or whether the child has been abandoned. Adoption cuts off all visitation rights of grandparents unless the adoption is granted to a stepparent or a relative of the child.
Virginia Determination of grandparent visitation is made during a suit for dissolution of the marriage of the child's parents. Adoption cuts off all visitation rights of grandparents.
Washington The United States Supreme Court case of Troxel v. Granville ruled the Washington grandparent visitation statute was unconstitutional. Although the Washington legislature subsequently amended the statute, the Washington Supreme Court in 2005 struck don
West Virginia The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include consideration of whether a parent is deceased, the child has resided with the grandparent and subsequently was removed by a parent, or the grandparent in several circumstances has been denied visitation by a parent. Adoption cuts off all visitation rights of grandparents.
Wisconsin Conditions for grandparent visitation rights include consideration of the relationship between the grandparent and grandchild. Visitation may also be permitted if one of the child's parents is deceased. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a step-parent.
Wyoming The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include consideration of the child's best interest and the impairment of the rights of the parents.

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News or Information from the States

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Indiana

Grandparents testify in Indy to establish visitation rights
Judiciary Committee gives big thumbs up
KELLY LYNCH CORRESPONDENT / (260) 443-4913 klynch@franklincollege.edu
Posted January 17, 2010 at 11:45 p.m.
Orig. Link: http://www.courierpress.com/news/2010/jan/17/grandparents-testify-in-indy-to-establish-rights/  

— Bedford, Ind., native Jerry Meadows — "G.G." to his grandchildren — liked to take them on lawn tractor rides and hold their hands while walking through his garden.

Meadows' voice broke as he talked about his grandchildren as he testified before the state Senate Judiciary Committee in favor of a bill that would establish grandparents' and great-grandparents' visitation rights.

Meadows said his relationship with his grandchildren was so close that they begged to stay at his house.

Things changed. Meadows said his child and the child's spouse stopped bringing the grandchildren by, for reasons he couldn't fathom.

He started seeing less and less of his grandchildren, and he started hearing more and more excuses.

His 3-year-old granddaughter started blaming herself, asking him every time she had to leave, "What did I do? What did I do?"

Other grandparents joined Meadows in supporting Senate Bill 59.

Carmen Elliott described shopping at Walmart and getting excited about seeing her 3-year-old granddaughter there. Before Elliott could say hello, the little girl's mother covered her with a coat and marched her out.

Elliott says she wants to "break the circle of anger and dysfunction that came into our family; it doesn't need to carry over to" the granddaughter.

The committee voted unanimously for the legislation.

Under the bill, if a grandparent had meaningful contact with a child and that contact is broken because of an estrangement with a parent or parents, courts would determine whether granting the grandparent visitation rights is in the best interest of the child.

Nancey Maegerlein of Williams, Ind., said her son started abusing drugs and became emotionally abusive toward his children, which she would not tolerate.

"The result was, 'If you cannot see us, you cannot see your granddaughter,'" Maegerlein said.

She hasn't seen her granddaughter in more than five years because her son has refused to let his daughter visit her. She believes "keeping the core family together is critical" but that grandparents are key in that endeavor.

Sen. Brent Steele, R-Bedford, said he has been concerned about this issue since 1994.

"Those kids we were worried about are now adults," said Steele. "There's a new wave of grandparents that have this concern."

Steele sees this as a "generation where a grandparent could do the raising" and wants to see visitation given to the grandparent where needed.

Sen. Lonnie Randolph, D-East Chicago, envisions the bill bringing more than just grandparents and grandchildren together, but a "positive unintended consequence."

"First object is mediation, bringing in a third party," said Randolph.

Senate Bill 59 now moves to the full Senate for consideration

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Date: Fri, 29 Jan 2010 09:03:33 -0800
From:
jw_mnstrep.gr4childrensrights@
Subject: Fw: This is a letter from Itasca County Commissioner Karen Burthwick


 
Ms. Joyce Williamson, MN State Representative
    National Committee of Grandparents
    for Children's Rights
    290 Highland Ct. #17
    Tyler, MN 56178
    (507) 573-5313


--- On Mon, 1/18/10, LaNaya Allen <lallen.rgmv4@live.com> wrote:
 

From: LaNaya Allen <lallen.rgmv4@live.com>
Subject: This is a letter from Itasca County Commissioner Karen Burthwick
To: "Joyce Williamson" <jw_mnstrep.gr4childrensrights@yahoo.com>
Date: Monday, January 18, 2010, 2:54 PM

 
Dear Representative Williamson,

My name is Karen Burthwick, I am an Itasca County commissioner in my
first term of office. Recently I have been working with LaNaya Allen and
her family and others to put pressure on the political and legal systems
of Itasca County to have LaNaya's niece and nephew removed from the
Foster Home and placed with the Grandparents. The grandparents are
working toward an adoption, we are hoping for the best and crossing our
fingers that the HS efforts to place these children in a permanent
adoptive situation with the foster family or elsewhere has been
derailed. We are not letting our guard down until the adoption by
Grandparents is final.

Hopefully it has helped just to have a Commissioner questioning what is
going on. There is much to do yet as we are all in the learning process
and working on this together to the extent we can. LaNaya has been
amazing in her pursuit of justice for these children. She has shared
your e-mail address and brief explanation of your families loss of
contact with your granddaughter. I hope this is O.K. This is a subject
that has concerned me personally for some time as I also have an issue
with how Human Services treats family in these situations as my
step-grandson was caught up in the system a few years ago.

You have indicated that your granddaughter's was to be an open adoption,
however, from what you have described my suspicion is that such may not
be what happened. Minnesota Statute 257C.08, Subd. 6 provides for
grandparent visitation rights, but appears not to apply in cases where
the adoption was other than step-parent or family. You could certainly
follow-up with an attorney (I am not one) to see if you have any legal
recourse. My presumption is that the foster Home allowed to adopt was
perhaps the same as in LaNaya's family's case, that which was granted
temporary custody? Foster families receive some monies for providing
permanency to children.

The Federal government provides significant grant dollars to the state &
local Human Service agencies as an incentive to move children quickly
out of Foster Care arrangements and into permanency. The Minnesota
Permanency Demonstration Project went into effect in 2005 and will
continue for five years, if successful, the project may be extended
another five years and broadened in scope. The intent of the original
federal legislation was positive in that it was to target children that
had been in Foster Care for many years and was intended to move them
into permanent adoptive situations. The study is to examine the impact
of offering some foster families who choose to either adopt or accept
permanent, legal and physical custody of children in their care the same
level of financial assistance they would have been eligible for as
foster families. In the past this financial benefit was reduced by about
1/2 and some support services were eliminated. The demonstration project
requires that children have resided in a licensed foster home for at
least six month in one of these counties: Cass, Dakota, Hennepin, Mille
Lacs or Ramsey. Did your granddaughter reside in one of these counties?
There is not supposed to be any new funding available for this project
only that the Federal government has given Minnesota the authority to
use existing federal funds more flexibly. You can find information on
the Permanency Demonstration Project  on the Minnesota Department of
Human Services website.

In addition, an accompanying news release from Monday, September 14,
2009 notes that the U.S. Department of Health & Human Services awarded
$35 million to 38 states & Puerto Rico for increasing the number of
Children adopted from foster care, using funds from the adoption
incentive award program. The adoption incentives program was created as
part of the Adoption and Safe Families Act of  1997. Under the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (P.L.
110-351), the adoption incentive was revamped to provide stronger
incentives for states to redouble their efforts to find children loving
and adoptive homes. This law introduced the concept of an adoption rate,
which is derived from comparing current year adoptions to the number of
children in care at the end of the previous year. States receive
additional money if they exceed their highest foster child adoption rate
for previous years back to 2002. The incentive program gave states
$4,000.00 for every foster care child adopted above the 2007 baseline,
plus a payment of $8,000.00 for every foster child age nine and older
and $4,000.00 for every special needs child adopted above the respective
baselines and an additional $1,000.00 for every child adopted over and
above the level of the states highest foster child adoption rate for
previous years.  Previous to this awards were given in 2004 to states
for increased adoptions.

This raises a serious ethical question, could the State & Local Health &
Human Services Agencies be promoting and favoring the placement of
children for adoption into their former Foster Care Home settings,
because there is a financial incentive for them to do so? In addition,
the faster children can be placed the more benefit to these HS agencies.
The more children an agency places in a year the more money they are
bringing in. In addition, since the HS agencies already have a
relationship with the foster care homes it would be much quicker to
allow them to adopt than to work with families to set up an adoption.
Typically, it is much easier to quickly place a young healthy child than
an older one and/or a special needs child, particularly so if the child
has serious needs. It makes the statistics look good. Such could account
for the quick placement and manipulation that is going on with the fast
placement of more desirable young children and the failure of these
agencies to seriously consider family members for adoptions as required
by statute.  Unfortunately, this is not what the law intended.

A good friend once told me to "follow the money" and my father, bless
his heart, said, "to beat 'em, you have to think like they do." My gut
instinct tells me they were right. In any case, as a state legislator, I
would ask that you look into this and that you consider introducing
legislation that will make it much more difficult for HS agencies to
ignore family options.

In your personal situation, if it were me, I would consider filing a
lawsuit as it appears from what you describe that misrepresentation and
very possibly outright fraud occurred. Any written records of what was
said by those in authority over this would be beneficial in such effort.
In that legal process your attorney should be able to obtain the
adoption file, (I am assuming you cannot access it), and you can learn
exactly what the adoption terms were. You may very well have been
mislead and may not have been given any rights to visitation and may not
be able to get any. If fraud occurred on the part of HS agency folks
perhaps you could overturn the adoption??? This assumes it is not to late.

I will anticipate your response and/or telephone call.

Sincerely,

Karen Burthwick
218-245-2824

 


 

 

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

NH Supreme court rules state law allowing grandparents to seek custody is constitutional
Link:
http://www.allbusin ess.com/legal/ 3506427-1. html
(Note from GranPa Chuck: Now if we could get a ruling like this for ALL States)

By USA, Lawyers Weekly
Publication: Lawyer's Weekly USA
Date: Monday, February 13 2006

The maternal grandmother of a child born out of wedlock could seek shared custody with the father without a showing that he was an unfit parent, the New Hampshire Supreme Court has ruled in upholding the constitutionality of a state statute allowing grandparent custody under a best interest standard.

The mother gave birth to a baby girl after a one-time sexual encounter with the father.

For the first six and one-half-years of the child's life, the father refused to take responsibility for her. During that time, the child lived approximately half the time in the mother's home and the other half in her maternal grandmother' s home.

The father filed for custody after paternity tests established his parentage and because of the mother's continuing emotional and substance abuse problems.

The grandmother intervened, seeking joint custody under a state law allowing an award of custody to a grandparent or stepparent if the court determines that such an award is in the best interest of the child.

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New Jersey

New Mexico

New York

North Carolina

North Dakota

Northern Mariana Islands (Saipan, Tinian, Rota)

Ohio

Oklahoma

Oregon

Pennsylvania

Puerto Rico

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virgin Islands

Virginia

Washington

West Virginia

Wisconsin

January 19, 2010 – Wisconsin Appeals Court Ruling on Grandparent Visitation Case

Alex De Grand of the State Bar of Wisconsin Bar reports:

 
A divided Wisconsin Court of Appeals struggled with the scope of grandparents’ visitation rights when a father argued that an order designating dates at which his children will be with their maternal grandparents is more like the physical placement order of a divorce judgment.
In Rick v. Opichka, 2009AP40, the court held that a family court may order a quantity of time for grandparents that is the same as the amount of time provided by a physical placement order. In either situation, “children go out of the custodial home, away from the parent with whom the children reside.”
 
There are more details on this ruling and the background in this case here.
 
In this case, the mother of the two grandchildren is deceased and her parents (the maternal grandparents) went to court to gain visitation when their father began to increasingly limit their time with grandchildren. The court awarded visitation for the grandparents, but the father appealed. The Court of Appeals held the earlier ruling of the family court, saying it may indeed order a specific amount of time the grandparents can be with their grandchildren in a visitation situation.

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Wyoming

Misc


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Marriage breakups, family feuds can leave older generation estranged from grandkids

http://www.vancouversun.com/life/Marriage+breakups+family+feuds+leave+older+generation+estranged+from+grandkids/2499100/story.html
Once again, Christmas came and went without Phyllis Coutts seeing two of her nine grandchildren.

It's a situation shared by unknown numbers of grandparents, often the collateral damage in marriage breakups and family feuds.

It's been over a decade since Coutts last saw the children from her son's broken marriage. Photos from their early grade-school years still line her home, along with updated ones of their cousins.

By now, her grandson would be well into his teens, and his sister, in her early 20s. They live only a neighbourhood or two away, according to Coutts, who lives in Victoria.

"I would love to see them," the 78-year-old says.

The question hangs in the air: Why hasn't she?

"I never go where I'm not wanted," Coutts says.

Her response is not uncommon, according to those who deal with estranged grandparents.

Weighted down by hurt and bitterness, these situations become entrenched, according to Barb Whittington, a University of Victoria social work professor whose research and counseling focuses on grandparents. Grandparents worry that anything they might do to see the grandchildren could make a bad situation worse.

"They don't want to cause trouble," says Joan Brooks, the great-grandmother who heads the Ontario-based support group, Grandparents Requesting Access and Dignity (GRAND) Society. (Related Link: http://www.grandparenting.org/colleagu.htm )

Grandparents will wait out the estrangement, hoping it will get better on its own, something Brooks has seen happen occasionally in her 23 years with the society.

Many grandparents blame themselves for what happened.

People such as Whittington, Brooks, and family counsellor Jayne Weatherbe hear heartbreaking tales of estrangement.

"The cruellest thing is when the grandparent has lost a son or daughter, and access is denied them to the grandchild," Brooks says.

Some grandparents even drive to their grandchildren's schools, just to catch a glimpse, Whittington says.

And it's not always a former in-law; even a grandparent's own son or daughter could be denying access to the child, according to Weatherbe.

"It's a different world now," Weatherbe says, alluding to changes in parenting styles. Once-acceptable corporal punishment has given way to timeouts. Today's parents often hold firmer beliefs on such issues as diet, Weatherbe says.

"It's their life. It's their choice. You just suck it up and be supportive of (the parent)," Brooks says. Further, she advises, "Stay in the grandparent role; if they ask for advice, give it. Otherwise, stay quiet."

Both Brooks and Whittington agree that the grandparent seeking visitation might well have to take the first step.

Try a phone call, Whittington says, something along the lines of, "I'd like to talk to you, the children, or both."

Brooks recommends a letter to the child's parent, stressing a willingness to see the grandchild on the parent's terms and conditions. She also suggests writing, "If I said or did something, please give me a chance to correct it."

If sending a letter, always write two drafts, Whittington adds. Edit out any traces of bitterness.

One alternative is to find an intermediary in the community whom the estranged person might trust, "not someone who will just take your side," Whittington says.

Groups such as Brooks's are helpful, but not available in many communities.

There are non-profit organizations that counsel grandparents. Often, however, groups such as Parents Support Service and Families in Transition deal with situations far more complex than just grandparent visitations.

"People often do call us as a place to start," Parent Support Services Society of B.C. executive director Carol Ross says from Vancouver. After some conversation, callers are referred to such resources as social services or the soon-to-be discontinued LawLine.

Many of Brooks's generation prefer to talk their way to a settlement rather than use the courts.

Yet it's not uncommon for a separation agreement to allow a grandparent access, according to family lawyer Trudi Brown. She cites, for example, a parent whose work keeps him away for long stretches. Under an agreement, grandparents could piggyback on the absent parent's access time.

Grandparents can apply for access under the provincial Family Relations Act, Brown adds, either doing it themselves or hiring a lawyer. However, today's court schedules can leave such a case lingering for months before being heard, she says.

Ultimately, the court decides on what is best for the child.

Some grandparents assume older children just don't want to see them, or they would do so on their own, according to Whittington.

What they often don't understand is that teens, in particular, are so absorbed in their own world, they don't readily think of others.

Conversely, the child might assume a grandparent isn't interested. Whittington cites one grandmother who sent the kids birthday and Christmas presents by taxi, only to have their mother return them the same way.

"The kids never knew the grandmother was trying," Whittington says.

One of Whittington's favourite reconciliation stories involves Canada's national game.

Just to see their grandson, the paternal grandparents would go to his hockey games, sitting on the opposite side of the arena from the estranged former daughter-in-law's family. The young player finally had enough, complaining he was getting whiplash from looking from side to side.

"I need you all on one side," he told them. They moved closer and closer until, eventually, they sat together, Whittington says.

Victoria Times Colonist

jgibson@tc.canwest.com

 

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NEW!! GRANDPARENT TRAINING VIDEOS REGARDING CPS:
Watch all four regardless of where you are at in the process
Provided by: http://washingtonstateextendedfamilies.com/

Part one:  http://www.youtube.com/watch?v=YC7FxvYUKzw

Part two: http://www.youtube.com/watch?v=B_QdgdtmJes

Part three: http://www.youtube.com/watch?v=CDZbLSrCUHY 

Part four: http://www.youtube.com/watch?v=M7_ca4SRbQg

Child Protective Services and Legal Help: http://www.youtube.com/watch?v=fbPhfVhb6C4

Child Protective Services and Psychological Evaluations: http://www.youtube.com/watch?v=eaA2ohqTNsQ

Family Court Crisis - Our children at Risk:

 http://www.youtube.com/watch?v=KD2TowPuYVg

http://www.youtube.com/watch?v=BiA16b5WjU4

How to do an affidavit: http://familyrights.us/bin/FORMS/sworn_affidavit.html

ATTORNEY GENERALS ARE VIOLATING EXTENDED FAMILY CONSTITUTIONAL RIGHTS ACROSS THE COUNTRY IN PARENTAL TRIALS AS INDIVIDUALS SEEKING RELIEF.

Extended family have implied and assumed rights through state laws. Those laws may imply several things, such as placement with family first in a dependency action. While in court, AGs may minimize the importance of family, the state laws suggest recognition. Many argue that extended family have no Constitutional rights and I disagree. As an individual stakeholder in a child's life, there is often a tremendous amount of time, money and belongings provided by extended family making them heavy investors. In some cultures in our country, including and not limited to Caucasian, lineage such as grandchildren are just as heavily invested in as immediate lineage. If one reads the fifth amendment: nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation this would include lineage and the rights to lineage where heavy investments have been made to the benefit of the whole family. Parents often depend on extended family for their children's well being and secondary parenting.

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Please do your homework.

  • Look things up for you to use in your case.
  • Do your legal research.
  • Understand what a law means - use a law dictionary.
  • Write your term paper. Education is the key to success! Do your own work.

If you find a bad link on this page, please notify the webmaster so it can be corrected.
~~~~~~~~~~~~~~~~~~~

Other Sites That May Interest You

  • Grandparents Against The Destruction Of Families Inc.- http://www.go2gadf.com/
  • www.custodialgrandparents.com  -Where you can go to discuss the toils and triumphs of raising a second generation.  It is a forum setting where we can vent, share, and seek advice.  I don't make anything for running this site. I do it out of the love and compassion I have for other grandparents out there who have found themselves in the same situation.  I hope to see you soon.
  • Grand Parents Again - Support Groups. We are always looking to make additions in our Support Area. If you know of a support group either On-Line or Off-Line, let us know.
  • AARP Discussion Sites relating to Grand Parents: (My AARP Address: http://www.aarp.org/community/GranPaChuck )
        Visitation with Grandchildren - This group is for grandparents who are experiencing problems with visiting their grandchildren.
       
    Raising Grandchildren  - This group is for grandparents who are raising grandchildren to communicate, share tips and discuss challenges and solutions.
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This Says It All

God Made Grand Parents
Please Pass this On
Link>> http://nfpcar.org/Grand/#This_Says_It_All_ 

Southern Grandma Goes To Court


(Note: Not sure of the original author, but thought you might enjoy this)

Lawyers should never ask a Southern grandma a question if they aren't prepared
for the answer.

In a trial, a Southern small-town prosecuting attorney called his first witness,
a grandmotherly, elderly woman to the stand. He approached her and asked, 'Mrs.
Jones, do you know me?' She responded, 'Why, yes, I do know you, Mr. Williams.
I've known you since you were a boy, and frankly, you've been a big
disappointment to me. You lie, you cheat on your wife, and you manipulate people
and talk about them behind their backs. You think you're a big shot when you
haven't the brains to realize you'll never amount to anything more than a
two-bit paper pusher. Yes, I know you.'

The lawyer was stunned. Not knowing what else to do, he pointed across the room
and asked, 'Mrs. Jones, do you know the defense attorney?'

She again replied, 'Why yes, I do. I've known Mr. Bradley since he was a
youngster, too. He's lazy, bigoted, and he has a drinking problem. He can't
build a normal relationship with anyone, and his law practice is one of the
worst in the entire state. Not to mention he cheated on his wife with three
different women. One of them was your wife. Yes, I know him.'

The defense attorney nearly died.

The judge asked both counselors to approach the bench and, in a very quiet
voice, said,

'If either of you idiots asks her if she knows me, I'll send you both to the
electric chair.'

 

Disclaimer: This is for informational purposes only. We are not lawyers or affiliated with any lawyers shown. It the the responsibility of the user to check the accuracy and validity of this information.
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parens patriae (n) is Latin for "father of the people". In law, it refers to the public policy power of the state to usurp the rights of the natural parent, legal guardian or informal carer, and to act as the parent of any child or individual who is in need of protection, such as a child whose parents are unable or unwilling to take care of him or her, or an incapacitated and dependent individual. In U.S. litigation, parens patriae can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (15 USC 15(c)), through Section 4C of the Clayton Act, permits state attorneys general to bring parens patriae suits on behalf of those injured by violations of the Sherman Antitrust Act.(See: in loco parentis)

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WITH AGE COMES WISDOM
NEVER GIVE UP


A guy is 80 years old and loves to fish.

He was sitting in his boat the other day when he heard a voice say, "Pick me up." He looked around and couldn't see any one. He thought he was dreaming when he heard the voice say again,"Pick me up."

He looked in the water and there, floating on the top, was a frog.

The man said, "Are you talking to me?"

The frog said, "Yes, I'm talking to you. Pick me up, then kiss me and I'll turn into the most beautiful woman you have ever seen. "I'll make sure that all your friends are envious and jealous because I will be your bride!"

The man looked at the frog for a short time, reached over, picked it up carefully, and placed it in his front breast pocket.

Then the frog said, "What, are you nuts? Didn't you hear what I said? I said kiss me and I will be your beautiful bride."

He opened his pocket, looked at the frog and said,

"Nah, at my age I'd rather have a talking frog."


With age comes wisdom.

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For the Young Ones

Caring.com was created to help you care for your aging parents, grandparents, and other loved ones. As the leading destination for eldercare resources on the Internet, our mission is to give you the information and services you need to make better decisions, save time, and feel more supported. Caring.com provides the practical information, personal support, expert advice, and easy-to-use tools you need during this challenging time.

Groups You Belong To

 

Never Give Up

God Bless, GranPa Chuck
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Grand Parent Survey
Link to Survey: http://www.surveymonkey.com/s.aspx?sm=FDwqrVvm6Tdh3ZtW1C7b4g_3d_3d

Dear Grandparent,

My name is Joan Strutton and I am a doctoral candidate at Texas A&M University-Commerce. I am currently conducting research to determine differences in depression levels in grandparents raising their grandchildren and depression experienced by traditional grandparents. The purpose of the research is to identify these differences and use the research to develop and provide better support systems for grandparents. The results of this study may be used to design and initiate further research studies.

The survey takes an estimated 10 minutes to complete. That time could be longer or shorter depending on the amount of time that is taken to answer the questions. The survey is hosted by an outside survey company, SurveyMonkey.com, and all responses are stored on the company’s website and kept completely confidential and anonymous. The system does not link the responses with the individual. All information will be encrypted to further protect the participants.
 
If you experience any type of discomfort after completing the survey, please contact your personal physician, a counselor, or a skilled helper at the telephone help lines provided to you.  There are no costs or benefits associated with this study.

Depression Hotline Suicide Hotline  Crisis Hotline
630-482-9696  800-784-2433  800-273-8255

Participation is voluntary. Refusal to participate will involve no penalty or loss of benefits to which you are otherwise entitled. You may discontinue answering the survey at any time prior to clicking the submit button. Once you have entered your responses and the data are in the SurveyMonkey system, no one can identify, edit, or remove your individual responses. By clicking on the yes button, you are giving your consent to participate in the study.

If you have any questions or concerns about this study please contact Joan Strutton, Texas A&M University-Commerce, Phone: 254-721-8645 or Dr. Amir Abbassi in the Department of Counseling, Texas A&M University-Commerce, Phone:  903-886-5637. Questions regarding your rights as a participant may be directed to Dr. Tracy Henley, IRB Chair, Texas A&M University-Commerce at 903-886-5200.
Thank you,

Joan Strutton
Doctoral Candidate
Texas A&M University-Commerce

Link to Survey: http://www.surveymonkey.com/s.aspx?sm=FDwqrVvm6Tdh3ZtW1C7b4g_3d_3d

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