Grandparent Visitation Rights: Emergent Psychological and Psycholegal Issues

Abstract

i n recent years, legislators in all filtv states have given grandparents rights to petition for visitation privileges with grandchildren that can be enforced over parental objections. Grandparent visitation rights reflect an effort to protect meaningful relationships children enjoy with nonparental caregivers, enlist the assistance of extended family when the child's nuclear family is disrupted, and defend the interests of grandparents themselves. This psycholegal analysis explores the direct and indirect consequences of grandparent visitation statutes for family functioning. Statutoryprovisions are summarized, and the effects of these statutes are evaluated in light of what is known about the role of grandparents in child development, how courts evaluate children's "best interests" in grandparent visitation disputes, and how these statutes can alter family functioning in informal ways. The authors conclude that there are risks as well as benefits to children and families in grandparent visitation statutes, and suggest directions for procedural and statutory reform.

The Impact of Parental Separation/Divorce on Grandparent-Grandchild Relationships

“…All of these court,proceedings are very expensive and often beyond the means of grandparents who have retired and are on fixed incomes. Thompson, Scalora, Limber, and Castrianno (1991) discuss grandparent visitation rights in all fifty states in the United States in relation to the direct and indirect consequences for family functioning.…”

Grandparents’ Rights: Psychological and Legal Perspectives

“…As a result, it is difficult to define a normative grandparenting role and activity in contemporary American society "because the roles assumed by grandparents today are diverse, individualized, and complex" as pointed out by Thompson et al in 1991. In fact, several studies have demonstrated that the majority of grandparents surveyed reported only intermittent or irregular contact, notwithstanding their having lived within daily driving distance. Most grandparents surveyed showed the relationship with grandchildren was "not a significant predictor of life satisfaction (which is determined more by the quality of relationships with adult peers and organizational roles)".…”

“…Furthermore, a national study found that only 2% of the latency-and adolescent-age grandchildren who were surveyed indicated that if they had a personal problem, they would turn to the grandparents. Fifteen percent of these children included the grandparents in their definition of the family (Thompson et al, 1991).…”

“…The courts have focused on the need to preserve the child's relationships with significant caregivers, taking into account and recognizing that such relationships are an important component of a child's psychological health (Thompson et al, 1991).…”