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 Grandparents visitation rights

 

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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

  • Following are some  findings from our own research that may help alienated families to reconcile:
  • 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.
. www.gu.org.  and www.aarp.org.  for updates

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