BRAZIL: New law gives grandparents visitation rights after parents divorce

This week Brazil’s legislature and president signed a new bill into law that will give grandparents visitation rights with their grandchildren after a couple divorces. The standard will be “best interest of the child” a global standard at this point, but nevertherless, gone are the days when grandparents in Brazil have no rights to see their grandchildren. I can see the good in this law. But I can also see when this is going to be a problem. I know I’ve done some posts on this issue but I’ve forgotten what I’ve said. I know the U.S. Supreme Court looked at this issue a few years ago and if I remember the holding, they said that a parent’s right to decide for their children is fundamental – meaning that the parent holds ultimate veto. But I know a few states have grandparents visitation statutes. But it all will be decided using the best interest of the child analysis…..jeeze. I just realize I”m forgetting my “law” stuff. OMG. I’m getting away from family law more and more and I have to refresh my memory of what the court said on some issues. That happened so quickly! OMG. Well, I know the Supreme Court looked at this. And I know several U.S. states, including, New York I want to say, that give grandparents visitation standing at least to show the court why they should get visitation, why visitation would be in the child’s best interest…..So in reality, Brazil is really copying U.S. states on this issue. Still, it’s interesting that they made this change in their laws.

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