Today I wanted to touch on a subject that seems to be one that is coming up more and more every year in the United States and Canada. This is grandparents rights to their grandchildren. Up until a few years ago courts did not reconize grandparents as having any rights to see their grandchildren but things are different nowadays and the courts have realized, thank goodness, that these children NEED their grandparents.
Sometimes there are grandparents that are not fit to be around the children and the courts can usually sort this out, just as they can usually sort out a parent that is not fit to be around the children. Besides, most grandparents that are not fit to be around the children will not be seeking any type of visitation or custody for their grandchildren so this is very rare that the courts would find a grandparent not fit.
I will tell you what happened to me, and this was ten years ago, oh my, has it been that long? Anyway, I will make this short as I can because a lot of the details will not be necessary for you to understand what happened. My daughter was a very good mother for the first 18 months or so of the child's life. Her absolute first priority was for her baby. One day something happened, and I'm still not sure what that something was, (I think it was depression but I do not know and she has never told me), but she just started falling apart very slowly. At the time it was not severe but she was coming around less and less and I didn't see the child near as often as I had before.
About six months later the baby's father said he wanted them to try and work things out so she moved out of state with the baby. Within six months she realized it was not going to work and since they were living with his parents his parents asked her to leave and leave the baby with them. She called me and I told her to bring the baby and come home. She said she wanted to stay where she was but she needed to get on her feet and she had someplace to stay but did not want to leave the baby with the father's parents. I told her that the baby could come stay with us and that she and the baby's father could help pay for some of the things the baby needed and we would take care of him for a few months until she could get on her feet.
At first this arrangement worked real well. She came to see the baby every week giving us a modest amount of money to help support him. The father never sent one penny nor did he visit the baby. We were only two hours away from where they were living. After about two months the visitation tapered off and so did the payments. Once when I didn't hear from her for two weeks I called and left her a message that I was going to call the police to find her if she didn't call me. She phoned and I could tell things were really, really bad for her. I told her to put some clothes in her car and come to me. She said she would think about it and call me the next day. (Looking back now I think she was abusing drugs or alcohol but I do not know that for a fact.) I didn't hear from her again for four years.
After about nine months of her and the father not being in touch and I didn't have any information on where either of them were I started to get fearful that one of them would show up on the doorstep and take the baby away and at this point he probably wouldn't even know who they were. I prayed about it and then talked with an attorney.
He immediately drew up papers for temporary guardianship so that they could not just show up at the door and take him from what he considered his home now. Within a few days a judge had signed it and at least I could sleep at night because I knew they would have to go to court now and explain why they had abandoned him before either of them could take him.
By this time he was four years old and really not a baby anymore but he was still my baby. *smile* We had him enrolled in pre-school and he was doing very well. Still nothing from the parents. We weren't too concerned about anything and life was good, but I did wonder if my daughter was okay and decided I would try to find her. I tracked her to the Midwest and sent a certified letter. It was returned as addressee unknown.
Time went on and it was approaching time that he would be starting school. My husband and I had discussed trying to adopt him and had even spoken to the attorney about it. We decided to pursue it and boy what a journey that was. The first thing we were told was that "grandparents have no rights to grandchildren" so we had better be ready for a fight if the mother and/or father decided they wanted to take him from us. Well, at this time he had his life with us and it was HIS life. It was because we wanted him to have stability that we decided that we needed to seek adoption. We didn't want him to start "real school" and not have an identity or to not know where his mommy and daddy were. After all we had become his mommy and daddy.
The attorney actually advised us to leave things the way they were but we just didn't feel it was in the best interest of the child. So he said he would start drawing up some papers but we had to find the parents and he would have to notify them of our intent. We gave the okay for him to search for them. To make a long story short it produced no results and so we had to run ads of our intent to adopt our grandchild. Well, for this reason or that the attorney or his assistant never seemed to get this done so we fired him and hired another attorney.
Believe it or not we had to start all over again. Grrrr.... But we finally got our day before the judge and were granted custody. There is a lot more to the story and maybe sometime I will write more about it but this has gotten quite lengthy at this point so I want to tell you a few things the judge told us.
He said that many states, including ours, was working on grandparents rights because our situation was becoming more common and grandparents needed rights to help the "system" protect children that needed protection. He told me about some cases where the children were being abused and because it was just the grandparents' word against the parent's word that the court ALWAYS went to the parent. He explained that by at least allowing grandparents visitation rights they could keep a watch on the child at intervals to help find problems if they arose.
Since then many states have reach the same conclusion that children need their grandparents and there are aveunes we can take now to protect our grandchildren.
If you are finding yourself in a sitaution where you feel you need to help your grandchildren then there is a very good publication that has been updated for 2009 that you might want to have a look at. It covers Grandparents' Rights for visitation and custody and much, much more. I will put the link here and please feel free to leave questions or comments here.
God Bless you and yours and have a GREAT weekend!
Joyce aka NanaGrandparents Do Have Rights