Families are sometimes
comprised of generations of people caring for each other. Those family
members who care for children may not be limited to mom and dad, but may
include grandparents. The value grandparents can play in the growth
and development of grandchildren is significant.
Nationwide,
75 percent of the elderly are grandparents. With fractured family units
on the rise, grandchildren are increasingly living with their
grandparents. Florida has the highest population and percentage of
population of people over the age of 65 in the entire United States.
Zachary Battles, Regent Law rising 3L, planning to practice law in
Florida upon graduation and licensing, discussed his concerns for the
wonderful aspects of the relationships between grandparents and
grandchildren in his recent article on grandparents visitation rights.
He writes:
“One
would think that the state with the largest population of grandparents
would have the most favorable laws to protect grandparents’ rights; one
would be sorely mistaken. Thanks to Supreme Court decisions on the
national and state level, the current state of Florida law provides
almost no protections for grandparents’ rights to visit and have a
relationship with their grandchildren. Parents can simply deny all
visitation with grandchildren simply by saying ‘no’, and beyond proof of
abuse, grandparents have no legal recourse. Despite decades of
legislative attempts to rectify the situation, the Florida Supreme Court
has repeatedly struck down statutes that attempt to give legal
significance to the unique family tie found between grandparents and
their grandchildren.”
His
article argues that “Florida needs a constitutional amendment that will
safeguard the fundamental liberty of parents to raise their children
free from government interference, while at the same time protecting the
important rights of grandparents in having a relationship with their
grandchildren.” In Part I he outlines the history of the problem, in
Part II he analyzes the practical impact of the problem from both a
biblical and policy perspective, and in Part III he sets out a proposed
solution and the rationale behind such a policy. Mr. Battles' presentation based on his article can be viewed here.
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