Abstract:
The current study was a content analysis of court opinions on grandparent
visitation rights using the method of grounded theory. The research questions
addressed in this study were: (a) On what bases were grandparents granted legal
standing to petition for visitation with their grandchildren? (b) What was the legal
reasoning for denying or granting visitation rights to grandparents who obtained legal
standing?
Results showed that 32 out of 103 (31%) grandparents were denied legal
standing. Of those grandparents who acquired legal standing (n=71), 34% were
denied visitation. Failure to meet statutory requirements was the leading justification
for denying grandparents legal standing and visitation rights. Hesitation to intrude on
parents' fundamental rights and a strict interpretation of the best interest of the child
standard were also justifications used to deny grandparents legal standing and
visitation rights.
Although parental rights often superceded grandparent rights, this study found
that grandparents have gained some legal ground. Thirty-one out of 103 (31%)
grandparents in this study were awarded visitation with their grandchild. Some
grandparents were awarded visitation with grandchildren in intact families. Visitation
rights for five grandparents were given or upheld following the adoption of the
grandchild. Gains in legal rights were evident in decisions that interpreted grandparent
visitation statutes as seeking to balance the rights of parents, grandparents, and
children instead of only parents and children. These facts illustrate a slow shift in
family law.
