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Grandparent visitation is a legal right that grandparents in some jurisdictions may have to have court-ordered contact (or visitation) with their grandchildren. In no case is contact between grandparents and children considered an inalienable right .
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
According to a 2003 U.S. Census Bureau report, 2.4 million grandparents had primary responsibility for their coresident grandchildren younger than 18. [3] Among grandparent caregivers, 39 percent had cared for their grandchildren for 5 or more years. [4] 594,000 grandparents nationally are raising children below the federal poverty level. [5]
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent.
Amid falling birth rates and growing numbers of U.S. adults opting to remain child-free, boomer and Generation X grandparents are mourning the prospect of ever becoming grandparents. However ...