Newsletters
Rights of Grandparents to Visitation
Many states offer an avenue for grandparents to seek visitation with their grandchildren. While most states permit a grandparent to petition for rights of visitation, some impose restrictions as to the circumstances under which the court will consider the petition.
Voluntary Child Custody Proceedings under the Indian Child Welfare Act
If there is a voluntary proceeding for foster care or adoptive placement of a child, who is of Native American descent, the Indian Child Welfare Act governs those proceedings. The Act permits the child's tribe to intervene in the voluntary proceedings and allows the tribe to transfer jurisdiction of the proceedings to the tribal court. Further, the Act requires strict procedures for consent to placement by the child's parents and includes the right to revoke the consent for any reason.
Effect Of Adoption on Non-Parent Visitation
When a child is adopted, he or she becomes a part of the new adoptive family. As a result, the child's ties to his or her old, natural or biological family are ended. If visitation rights had been granted to a nonparent, usually a grandparent, before the adoption, most courts would not permit continuation of the visitation. However, if the child is adopted by a stepparent, some courts would continue the visitation by the nonparent, if it is in the child's best interests.
Appointment of an Attorney to Represent the Child in a Custody Case
In hotly contested custody cases, where the parents cannot agree on anything, courts often will appoint an attorney to represent the child or children of the parties to help resolve the custody issue. The decision to appoint an attorney is within the discretion of the court.
Termination of Visitation Rights
Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court.
