• 07
  • November
    2011

An interesting (and, in some cases, heart-wrenching) issue is playing out in family courts these days over the right, if any, to which grandparents have to be involved in their grandchildren's lives. It may be an issue Denver grandparents are familiar with if they have ever found themselves the odd person out after their child gets a divorce, dies, loses child custody or signs away parental rights and (inadvertently or otherwise) winds up shutting the grandparents out of their grandchild's life.

Now, strictly speaking, parents and parents alone have a Constitutional right to raise their children. However, it is always the case in law that there are exceptions. In this case, exceptions have included things like public schools offering courses containing subject matter with which parents do not agree (i.e. sex education) and states not permitting parents to do things to their children that society would consider harmful.

Grandparents, it seems, are increasingly making an argument that an exception should be carved out that would allow them to have a role in their grandchildren's lives. Every single one of our 50 states has laws that govern the circumstances under which non-parent parties can seek child visitation, but thanks to a 2000 Supreme Court ruling, no state law can cut too far into the rights of a competent parent.

Do you have any thoughts on this matter? On the one hand, it is true that we should respect the right of parents to raise their own children. After all, too many cooks spoil the soup, and the gist of that axiom may apply to too many people trying to raise a child. On the other hand, grandparents and grandchildren often have a unique bond, and isn't it better to have more positive adult role models in a child's life than it is to have fewer?

Source: The Associated Press, "States' grandparent visitation laws raise concern," Stephanie Reitz, Nov. 5, 2011