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The Visitation Rights Enforcement Act.
United States Public laws. 105th Congress--2nd Session. Public Law
105-374 [H.R. 4164]
This bill, amending title 28, United States Code (with respect to
the enforcement of child custody and visitation orders), was sponsored New Jersey
Congressman Andrews, and signed into law by the President on November 12, 1998.
This guarantees that grandparents can visit their
grandchildren anywhere in the United States as long as they have visitation rights in one
state. This law does not impose a federal decision about a grandparent's visitation right
in any state. It calls for reciprocal recognition of grandparents' rights once a
state has established those rights.
Grandparent visitation laws are recent. Several decades ago,
increasing numbers of grandparents were being legislated out of existence because of
family feuds. In response, grandparents joined together to get laws passed assuring
grandparents the right to petition for visitation in the case of parental death or
divorce. One by one these laws were adopted, in various forms, until every state
had one.
But then a problem arose: once the laws were established it was
found that grandparents who had visitation in one state would have to litigate all over
again if their grandchild's custodian moved to another state.
This bill has solved this problem. It is a giant step forward in
achieving a uniform state visitation law making provisions for grandparent
visitation consistent from state to state. Tips For Parents and Grandparents From Dr. Kornhaber
- Never completely banish a parent or grandparent from the life of
a child (of course unless there is blatant pathology that would
endanger the child).
- When conflicts occur, concentrate on getting rid of the
problems -- not the people. And use every option to do so, including professional help.
Many of the attitudes and situations leading to
parent-grandparent problems are temporary. People grow and change. Forgiveness is
important. Our experience and research shows that many parents eventually regret having
separated their children from their grandparents. Parent-grandparent alienation is painful
for all and rips apart the fabric of the family.
Find another way.
- It is a terrible example for children when parents do not let
them see their grandparents. Indeed, it hurts the parent-child relationship too. Children
become insecure and afraid of their parents. Many wonder if their own parents will get rid of
them too if they are not "good." Additionally,
children have to lead a double life when they love their grandparents. They are afraid to
tell their own parents they love and miss their grandparents for fear their parents
will be angry with them.
- Many children reconcile with their grandparents as soon as they
come of age.
- Children need both their parents and grandparents. We tell
feuding parents and grandparents that they have to love the child more than they
"love" the anger they may feel toward one another. Rarely should the
grandparent-grandchild bond ever be permanently ruptured. Parents should know that
research shows grandparents rarely inflict the conflicts and problems on grandchildren
that they may have inflicted on their children. Growing up is a good teacher.
- Rarely should litigation take place -- and only as a last resort.
It ups the ante of misery and can create a permanent solution for what might be a
temporary problem. However, when people do go to court the Judge should sentence the
family to healing. And follow-up to make sure this process is happening. At no time should
grandparent-grandchild contact be stopped. In extreme cases it can be controlled or
supervised, but rarely should it be terminated altogether.
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www.gu.org. and www.aarp.org.
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