The Hand That Rocks the Cradle Rules the World

 

Throughout history, grandparents and especially grandmothers have made positive contributions to their families due to their proximity to their children and grandchildren.  Not only are grandparents living longer, but their roles are changing as grandparents stay in the workforce and great-grandparents assume the grandparent role.  With our mobile society come displaced families and relatives who have infrequent contact.  Divorce also means families are striving to blend while the grandparent roles remain ambiguous.  Geographic separation, regardless of reason, has a negative impact on older adults who have expressed an intense grief reaction upon "losing" grandchildren to a move or divorce. In twenty years of private practice, I had at least one client monthly seeking help with grandparent visitation. Unfortunately, grandparent laws are nonexistent or very limited and I referred them to lawyers and therapists. As a gerontologist, there was nothing I could do to help.

The landmark Supreme Court case, Troxel v. Granville, rescinded grandparents’ rights, resulting in total lack of visitation in some cases.  Jenifer and Gary Troxel had two granddaughters by their son, Brad, who cohabitated with their mother from 1989-1991 when the two separated.  In 1993, Brad committed suicide.  The Troxel grandparents, who had liberal access to granddaughters Isabell and Natalie after their son’s death, were confronted with limited visitation after their former daughter-in-law remarried and had a child. Then, the girls’ mother granted limited visitation of one monthly visit, as she and her husband were seeking bonding as a family unit. After an impasse, the case eventually went to the U.S. Supreme Court.  The Supreme Court upheld the sanctity of motherhood, protected by the U. S. Constitution. Mothers may exclude anyone from visiting their children, in alliance with the fourteenth amendment.

The debate remains whether grandparents are third party petitioners or people who are of great value to the family system.  The loss of grandchildren to divorce, death, imprisonment, geographic relocation, or other family disruption has a negative impact on the physical and mental health of our older population, as they experience intense grief from the loss of their grandchildren and great-grandchildren. More later on this topic. AgeDoc.

 

Troxel v. Granville Summary:

https://www.lexisnexis.com/community/casebrief/p/casebrief-troxel-v-granville-1081801123

Troxel v.Granville Overview:

https://www.law.cornell.edu/supct/html/99-138.ZO.html

Image: 

Thank you Nikolene Arns from Unsplash.