Extractions: Promoting Family Bonds or Violating Constitutional Rights? This article will examine the growing controversy and the constitutional concerns of the West Virginia Grandparent Visitation Statute, set forth in §48-2B-1, et seq., as it relates to intact family units. As currently enacted, this statute permits grandparents to petition the court for visitation with their grandchildren not only in cases where there are proceedings for divorce, custody, legal separation, annulment or establishment of paternity, but also where the above circumstances affecting the family unit are not present. Although this amendment certainly expanded the opportunities for grandparents to petition for visitation, the statute clearly did not address (and thus assumingly did not permit) petitions in those cases where the family unit remained intact. However, in 1998, the legislature found that it was appropriate to apply the statute when no proceeding for divorce, custody, legal separation, annulment or establishment of paternity was pending as well as in all situations where the parents of the child were not married. Constitutionality of the Statute It has been argued that grandparent visitation can amount to a severe intrusion into the autonomy of an intact family in violation of constitutional guarantees.
Mirror Of Justice: "Grandparents' Rights" Listed below are links to weblogs that reference grandparents rights Sex, Marriage, and Procreation The Judicial Decimation of American family law http://www.mirrorofjustice.com/mirrorofjustice/2005/04/grandparents_ri.html
Extractions: Tech Central Station If you would like to respond to a post, please email the author of the post at the address contained in his or her linked bio. Responses will be posted at our discretion, and we will presume that you have granted us the permission to post your response and name unless you expressly indicate otherwise.
Justice Talking family Ties, family Tension grandparents` Visitation rights grandparents` rights (SelfHelp law Kit With Forms) by Traci Truly http://www.justicetalking.org/viewprogram.asp?progID=155
Grandparent And Caretaker Visitation Rights Learn how child visitation laws affect grandparents , stepparents , visitation rights would amount to an assault on the integrity of the family unit. http://www.nolo.com/lawcenter/ency/article.cfm/objectID/1019223D-59A2-4A25-9B6DA
Extractions: Grandparents, stepparents, and other caretakers often form deep and loving attachments with the children in their lives. Yet when death, divorce, or estrangement tears families apart, these caretakers may find themselves without any legal right to maintain contact with the children they love. All 50 states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others (foster parents and stepparents, for example) can ask a court to grant them the legal right to maintain their relationships with loved children. But state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances. Approximately 20 states have "restrictive" visitation statutes, meaning that generally only grandparents can get a court order for visitation and only if the child's parents are divorcing or if one or both parents have died. However, most states have more permissive visitation laws that allow courts to consider a visitation request even without the death of a parent or the dissolution of the family, so long as visitation would serve the best interests of the child. Some states allow caretaking adults besides grandparents to make such a petition.
Grandparent Visitation The following criteria are important when grandparent visitation rights RELATING TO family law; EXPANDING THE CONSIDERATIONS FOR THE COURT WHEN A http://www.grandparenting.org/Grandparent Visitation.htm
Extractions: Holiday Tips for Divorced Parents Relocation Cases Support Paternity ... Case of the Week Common Questions Useful Information About Jerry W. Melton Family Law Family law is an area of law that encompasses the Texas Family Code as well as other Texas statutes. One who specializes in Family Law and who is certified as a Family Law Specialist by the Texas Board of Legal Specialization must spend a significant amount of time and have a significant number of cases and/or issues pertaining to the Family Law area. Additionally, one must be re-certified every five years by submitting necessary information to the Texas Board of Legal Specialization including references from Judges and lawyers in this area as well as proof of having acquired the necessary number of hours of continuing legal education. The most common areas of Family Law are:
Grandparent Rights Grandparent rights. If you are a grandparent and feel that you have Therefore, Missouri law allows grandparents to obtain visitation of their http://www.mobar.org/pamphlet/grandpar.htm
Extractions: Missouri law encourages contact between grandparents and grandchildren, but also encourages families to resolve familial problems without a great amount of governmental intrusion. Therefore, Missouri law allows grandparents to obtain visitation of their grandchildren over the objections of a parent only in limited situations.
DivorceNet - Grandparents Rights grandparents rights. By Anthony M. Zezima, PC, Attorney at law Published July 17, 2004. The state of Georgia recognizes that the relationship with a http://www.divorcenet.com/states/georgia/ga_grandparents
Extractions: Published: July 17, 2004 The state of Georgia recognizes that the relationship with a grandparent is important to a child, and gives the grandparents the right to seek visitation when it is otherwise unavailable to them. This might occur when one parent is deceased, or does not get visitation with the children. The grandparents may file a separate action against the custodial parent to seek visitation rights with their grandchildren. However, because of a recent Supreme Court of Georgia ruling, the legislature had to re-write the statute to eliminate the right of the grandparent to intervene where the grandchild is living with both biological parents in an intact family. The custody of a child cannot be given to someone who is not a biological parent unless it is determined, by clear and convincing evidence, that it would be in the child's best interest to live with a relative other than the biological parent. It is no longer necessary that the parent be found to be unfit.
Grandparent Legal Rights In Louisiana Louisiana has several laws that grant the right to seek grandparent visitation, Other critics, such as Joan Bohl, a familylaw expert in Los Angeles, http://www.la-legal.com/depthgrandparent.htm
Extractions: Related Topics There have been many cases heard in Louisiana on the subject of grandparent visitation. Although the welfare of the children is paramount, it appears that only where a child's parent dies, is interdicted, or incarcerated, do the parents of that parent have the right to visitation of their grandchildren. In-depth Articles T heirs was an early '70s marriage: founded on a Jamaican boardwalk, fueled by hippie idealism and snuffed out by drug-induced clashes. Dad was a surfer and film-school dropout from Long Island, N.Y. Mom was simply a seeker, a painter from Scarsdale, N.Y., who had long ago rejected that town's materialistic mantra. In Jamaica, they fell in love, and in a generic church that satisfied Dad's Catholic and Mom's Jewish relatives, they married. At that point, they had known each other for less than a year. Neither had a college degree, job prospects or a clear idea of what they stood for, rather than against. I've always believed that their relationship was based on a shared lust for life's rushes everything from drugs, to the sunrise, to sex, to meeting new people. But whatever it was didn't last. I was born less than a year after their wedding, but the marriage dissolved before I turned three.
Family Law family law in Maine PostDivorce Motions (updated December 2004) What you can do if you need to change Grandparent Visitation rights (updated May 2004) http://www.ptla.org/ptlasite/familyindex.htm
Grandparent Rights The Alaska Court System s family law SelfHelp Center offers help for You should read the law on grandparent s visitation rights to determine if the law http://www.state.ak.us/courts/shcgrandparent.htm
Extractions: Visitation A grandparent may ask the court for an order that gives them reasonable rights to visit grandchildren. This is possible if the visitation with the grandparent is in the childs best interest and either the grandparent has ongoing contact with the child or has tried to have ongoing contact with the child. You should read the law on grandparent's visitation rights to determine if the law applies to you and for more information. There are no court forms to request grandparent visitation. You should consult with an attorney to decide whether to petition the court to establish grandparents visitation rights. You can call the Family Law Self-Help Center telephone helpline and the staff may be able to help you depending on the specifics of your situation. Custody There is no law that specifically addresses a grandparent's right to file for custody of a grandchild. Alaska Supreme Court cases have recognized that a parent is entitled to a preference over non-parents in custody determinations. A court can only override this preference if: the parent is unfit, or
Alaska Court System - Family Law Self-Help Center The family law SelfHelp Center offers help for self-represented people in family Change of Name, Emancipation, Grandparent rights, Legal Separation, http://www.state.ak.us/courts/selfhelp.htm
Extractions: Search the Court Website: What is the Family Law Self-Help Center? The Family Law Self-Help Center is a statewide public service provided by the Alaska Court System dedicated to helping self-represented people achieve a better understanding of family law procedures, increasing access to family law courts, and facilitating quicker resolution of family law matters. The Center currently provides information about Divorce Dissolution Custody Paternity ... Child Support , and referral information about Adoption Change of Name Emancipation Grandparent Rights ... Legal Separation , and READ THIS IF YOU HAVE KIDS! The custody and visitation law has changed in family cases with any domestic violence between the parents. Under the new law, the parent who committed the domestic violence may not get custody or visitation. However, the parent may get some custody or visitation if he or she meets specific legal requirements. If there is any history of domestic violence in your relationship, you should talk with a lawyer about how this law will impact your case. For more information, please read our
Extractions: Highest rating possible by Martindale-Hubbell Bishop Law Office Our experienced and trusted Arizona divorce attorneys represent your interests in all areas of family law and divorce legal issues. The Bishop Law Office has skilled litigators in divorce, child custody, child support, visitation, modifications and interstate child support and interstate custody disputes. Attorney William D. Bishop is one of a select group of attorneys in Arizona to be certified as a specialist in the practice of family law by the State Bar of Arizona Board of Legal Specialization . In addition, Mr. Bishop is listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers under the Family Law practice area. All of our clients receive professional and knowledgeable representation on all legal issues in family law areas including custody, visitation, alimony or spousal maintenance, child support, legal separation, paternity, premarital or prenuptial agreements, guardianships, grandparent rights, property and debt division, mediation, and relocation to other states. The attorneys at Bishop Law Office have successfully handled numerous cases involving the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Uniform Interstate Family Support Act (UIFSA).
VARNEY FAMILY LAW Protect your rights, your family, and yourself. Experienced lawyer in divorce, Annulment * Grandparent rights * Paternity * Juvenile law/Adoptions http://www.varneyfamilylaw.com/
Extractions: You must know your legal rights to protect your family, yourself, and your property. Good legal advice is essential. Practical answers and legal assistance will help you know what to expect, how to prepare, how to protect yourself, and how to proceed. Ms. Varney will meet with you, discuss your legal options, and help you assess your personal situation. She has extensive experience with difficult family and custody matters. Making good decisions in emotional times is not always easy. The right attorney can make all the difference.
Grandparent Rights Lawyer Grandparent rights law lawyers and Attorneys. Back, Ann Wright Tulsa, OK family law Farm Accidents Felonies Forclosure law Grandparent rights Juvenile http://www.morelaw.com/lawyers/practice/GrandparentRights.asp
Extractions: Adoption, Alimony, Child Custody, Child Support, Custody, Modification, Divorce, Family Law, Grandparent Rights, Juvenile Law, Paternity, Trusts, Visitation, Wills, Domestic Violence, Elder Law, Estate Planning, Fathers Rights, Guardianship, Legal Separation, Living Wills, Living Trusts, Mediators, Nontraditional Family Law, Prenuptial Agreement, and Protective Orders Rouse, Charles T.
Extractions: Jurisdiction to Determine Pennsylvania Custody Cases Who Has Standing to Pursue a Custody Action? Grandparent Visitation Statutes PA Laws regarding Legal Custody How is custody decided in Pennsylvania courts? read article ) and realize that both parents play an important role in their children's lives. If an agreement cannot be made at the conference before the custody master or hearing officer, home studies and/or psychological evaluations Custody relocation cases in Pennsylvania child psychologists to assist in the preparation of a custody case and, if appropriate, to provide a critique of any court appointed child psychologist.
Extractions: Colorado Springs Divorce Lawyer I am committed to providing you, the client, with a skilled and aggressive Colorado Springs divorce lawyer at a price you can afford. Let this experienced Colorado family law attorney with more than a dozen years in the courtroom work for you on your Colorado divorce or family law case. Your legal issue is important, and so is your choice among the many Colorado Springs attorneys out there. Some Colorado Springs lawyers may claim to know all types of law - I don't. If you have a Colorado divorce or family law situation, instead of trying to be a "jack-of-all trades", I am exclusively an El Paso County / Colorado Springs family law firm (Colorado divorce, paternity, legal separation, annulment, child custody & child support, military divorce issues, grandparent rights, etc). The cornerstone of my Colorado Springs family law firm is the client. As the attorney, my role is to listen to you, then zealously represent you in your Colorado divorce or family law case both inside and outside of the courtroom. At every step of the process, I ensure that you, not the lawyer, make the key decisions, by giving you the accurate information and honest opinions you need and deserve. I never shade the truth, and value the reputation of candor I have built with El Paso County family law judges, fellow Colorado Springs divorce lawyers and, most important, my clients.
Extractions: In Troxel v. Granville , 137 Wash. 2d, 969, the U.S. Supreme Court held that the grandparent visitation order issued by a Washington State lower court was an unconstitutional infringement on the mothers fundamental right to make decisions concerning the care, custody and control of her two daughters and that the Washington statute, as applied in this case, was unconstitutional. The Supreme Court rested its decision on "the sweeping breadth" of the Washington statute and the application of its "broad, unlimited power," cautioning it did not consider the primary constitutional question decided by the Washington Supreme Court: Does the due process clause require all non-parental visitation statutes to include a showing of harm or potential harm to the child as a condition precedent to granting visitation? In many ways, the Washington visitation statute is similar to the law for grandparents and siblings in New Jersey. And the statute in the Garden State does not as we argue it should require a showing of harm to the child before state intervention.
