I’m usually cynical about a day a year supposedly
dedicated to a specific group of people, but it seems that Grandparents Day (on
Sept. 9 this year) can be much more than a brainwave of the greeting card
industry. The organization Grandparents United (www.grandparentsday.org) is proposing
that grandparents celebrate their status by Doing Something Grand for children
in their communities.
Grandparents United provides an infographic (http://www.gu.org/RESOURCES/publications/GrandparentsInfographic.aspx)
that shows how many grandparents are already doing Grand Things for their own
grandchildren, ranging from savings for college education and payment for
medical and dental treatment to permanent day-to-day care. But their Take
Action Guide suggests a wide range of activities for those who are
geographically or otherwise separated from their grandchildren or who do not
have any yet (or possibly ever). The guide addresses the importance of
intergenerational connections for all older adults as well as the benefits to
the community when older people turn their energy and experience to helping
rising generations, to working for all children, not just “my child”.
As is so often the case, people in the grandparent
generation can count on the satisfaction of giving real help to others, but perhaps not
on any other reward. They do not necessarily receive direct thanks or enjoy
authority, unless they are children’s guardians and caregivers. Grandparenting
in the United States is usually a very different matter from parenting, and
grandparents may need to focus on the privilege of helping rather than on any
rights that they might expect to be associated with their positions.
The question of grandparents’ rights is a
complicated one in the United States, where every state has different statutes
about contact between grandchildren and grandparents when families are in
disagreement. Grandparents have some stated rights for visitation with their
grandchildren, but those rights are applicable only in terms of the best
interests of the child, and there may be powerful arguments against grandparent
contact in some cases. In addition, of course, many grandparents who are denied
contact cannot afford the legal representation which would be needed to
challenge the denial; others may simply decide that it’s better not to further
raise the child’s stress level by fighting the situation.
The U.S Supreme Court in 2000 heard a case from Washington
State, Troxel v. Granville, in which a state statute which gave third parties
(not just grandparents) a right to file a request for visitation with children
had been declared unconstitutional by the state supreme court. The U.S Supreme Court
affirmed this decision and repeated the common position that fit parents are
the appropriate people to make decisions because they can be presumed to know
and act in their children’s best interests. (The term “fit parents” most often
applies to a married couple.) In cases of divorce or death of a parent, or if
the child was born to unmarried parents, grandparents are much more likely to
petition successfully for contact with a grandchild. In February, 2012, the
Court refused to hear an Alabama case that involved the denial of grandparent
visitation by both of the children’s parents.
The important legal principles that apply in these
cases have to do with a constitutional right to freedom from government
interference in personal life and with the “family veil” principle that
excludes government from intrusion into child-rearing unless there is evidence
of harm to a child. Although there is every reason to think that involvement
with a larger number of interested and
caring people is advantageous for children, and that stressed-out parents can
benefit from knowing they have back-up from the older generation, it is
difficult to argue that there is usually actual harm as a result of absence of
grandparent contact. Disturbing as it may be to the estranged grandparent, denial
of contact may not be contrary to the best interests of the child.
As divorce and remarriage stay at high levels, and
as the rate of births to unmarried couples rises, it may be necessary for more
grandparents to accept philosophically a period of estrangement from their
grandchildren. Perhaps the best way for all of us to go is to think in terms of
Doing Something Grand for the future community and the future world-- perhaps through baby-sitting our “own” grandchildren, perhaps
through reading to “other people’s” children, perhaps through working to assure
a clean and wholesome environment for all. Such acts are our privileges as
older people and our ways of living on when we are gone from this world.
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