Assignment 8.2 grandparent

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School

Quincy College *

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MISC

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Sociology

Date

Apr 3, 2024

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docx

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Uploaded by DukeKnowledge12976

Assignment 8.2 Rights of Grandparents Learning Goal 2: Describe developmental changes in parent-child relationships, parents as managers, attachment, and stepfamilies. This activity examines the rights of grandparents regarding visitation. As family structures have changed due to increases in divorce and single parenting, the role of grandparents has also changed. As a result, more decisions about grandparents’ visitation rights are being made by courts and state legislatures. Since the mid-1970s, all 50 states have passed laws granting grandparents the right to petition the courts for legally enforced visitation privileges. Before this time period, grandparents had no rights to their grandchildren except by consent of the children’s parents. Early court decisions (e.g., Odell v. Lutz, 1947) emphasized parental autonomy and ruled that grandparent visitation rights would undermine parental authority. In fact, it was stated that grandparent visitation rights could subject children to intergenerational conflict (e.g., Noll v. Noll, 1950). These rulings also went along with the long tradition that the legal system should only intervene in the family in extreme circumstances. Early granting of grandparent visitation rights (e.g., Benner v. Benner, 1952) came in cases in which the grandchildren had lived with the grandparents for extended periods, or in cases in which the parents were deemed “unfit,” and the grandparents were given custody. The landmark case of Troxel v. Granville (2000) . In 2000, based on this case, the United States Supreme Court placed limits on the grandparent visitation laws. The court concluded that parents who provide adequate care for their children must be able to decide with whom their children will associate. To leave such decisions up to a judge, in the view of the Supreme Court, would conflict with parents’ basic constitutional rights. 1.What are the pros and cons of regulated and enforced grandparent visitation rights. Part of the discussion can involve the roles that grandparents play in grandchildren’s lives (e.g., alternative caregivers, playmates, family historians and transmitters of family values and traditions, advice-givers to parents). Regulated and enforced grandparent visitation rights can have both positive and negative impacts. On the positive side, grandparents can play a vital role in their grandkids' lives. They can be more than just additional caregivers - they can also be companions, family historians, keepers of family traditions, and advisers to parents. The bond between grandparents and grandchildren is not just special; it's unique and precious. It's a bond that should be cherished and valued. Allowing grandparents to visit their grandkids can help sustain those relationships and offer extra support to families. However, mandating grandparents' visitation rights may have potential drawbacks. One significant concern is the possible infringement on parents' rights to make decisions in the best interest of their children. This is not just a concern; it's a crucial matter that needs careful consideration. In certain instances, grandparents may not positively impact their grandkids, and forcing visitation could intensify family conflicts. 2. Part of the discussion should deal with how to resolve intergenerational conflict, how to determine the “children’s best interests,” the consequences of grandparent visitation rights on family functioning, and how to resolve the grandparent policy. Promoting healthy communication is crucial in resolving intergenerational conflict, which

can be achieved through mediation and family counseling. In order to determine what is in the child's best interests, it is important to consider the child's well-being, the parents' ability, and the positive impact of grandparents. Maintaining stability in the child's routine and relationships with others is also essential. 3. If the children are given up for adoption should the grandparents have visitation rights? When considering the difficult decision of giving a child up for adoption, it is important to consider how this will affect your child's relationship with their birth parents. In making any decisions, the child's best interests must always be prioritized, especially regarding visitation rights. Open adoption is one solution that can work well for everyone involved. By allowing the child to stay in touch with their grandparents and birth parents, open adoption can provide a sense of connection and continuity that is essential for a child during this time of transition. 4. What are the risks of bringing a grandparents’ visitation case? Pursuing a grandparents' visitation case may involve certain risks that should be carefully considered before taking any legal action. One of the main risks is that the court may only grant visitation rights to the grandparents if it is determined that it is in the child's best interest. The legal process can also be emotionally challenging for all parties involved, including the child. Moreover, it may strain the relationship between the grandparents and the child's parents. Therefore, weighing all the factors involved and thinking carefully before moving forward with a grandparents' visitation case is crucial. 5. If the grandchild’s parents are divorced or going through a divorce, do the grandparents have visitation rights? Grandparents can have visitation rights in specific situations, even if the parents of their grandchild are divorced or going through a divorce. However, the laws governing grandparent visitation rights vary by state and can be complicated. In general, grandparents can be granted visitation rights if it is considered to be in the child's best interests and if the grandparents already have a relationship with the grandchild.

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