Question

Background Information: Rights of Grandparents

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.

Consider 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.

Discussion Question:

Discuss the pros and cons of regulated and enforced grandparent visitation rights. Part of your answer and discussion should 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). Also consider 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.

Answer 1

Pros associated with grandparent visitation are as follows

• Extra care and nurture will be received by grandchildren which are proven to be ideal for both psychological and physical well being.
• Grandparents are elderly population who suffer from aging. Spending time with their loved ones in recreational activities will always bring down the rate of progression of aging.
• Grandchildren can share their thoughts with grandparents if these children find it insecure in sharing details with parents as in the case of an authoritarian parenting style.

Cons associated are as follows

• Some grandparents could be very strict and possessive with respect to their grandchildren's nurturing. This could create a suffocating relationship for grandchildren.
• Communication issues between the two generations can also create a relationship between grandchildren and grandparents face sharp edges.
• The attachment between grandparents and grandchildren can also lead to a deviation in the relation of children with their parents who possess the supreme authority for care of their children.

Intergenerational conflict is one that is very much hard to resolve. It can be overcome in two ways. One way is that grandparents should be open to new ideas and must update themselves with time as to match with the communication of the current generation. Another way is that grandchildren should be brought up in a way where grandparents and their ideologies are given due respect and never to disobey their wiseness or experience in any manner.

Children's best interest is always determined based on the type of relationship they are comfortable with and the feeling of security they have with either with parents or grandparents or combination of both. The consequence of grandparents' visitation rights on family functioning would truly depend on the type of parenting style they can probably adapt. Grandparents who are permissive are easy to get along while those who are commanding are difficult. Grandparents' policy should be liberal as every family and relationship between people within the family takes different dimensions. It is never advisable to apply one policy and rights for all as the circumstances could be different in each case. Policy must be with several clauses which can address all type of cases favourable to both parents and grandparents rather than favoring any one party.