Do Grandparents Have the Rights They Should? – Grandparents.com

 

Total Family Alienation

See state-by-state guide to grandparents’ rights.

Coming Soon: As a service to our readers, Grandparents.com is establishing the American Grandparents AssociationTM with the goal of becoming a key resource for grandparents who are physically removed from their grandchildren and would like to find a way to visit them.

Richard Kent, a family lawyer at Fairfield, Conn.-based Meyers Breiner & Kent, frequently goes to courtroom battle for grandparents seeking visitation with, or custody of, grandchildren.

“The state of grandparents’ rights is terrible,” says Kent. Under the current laws, if a couple’s adult daughter dies, he says, those grandparents could be denied visitation with their grandchild by the child’s father.

Even if they had what most people would consider a classic grandparent-grandchild relationship and, let’s say, saw their grandchild every Sunday afternoon. But in the eyes of Connecticut law, says Kent, unless grandparents have functioned as de facto parents — meaning they lived with their grandchildren or took care of them while the parents were at work — they are treated no differently than strangers.

“I think it’s absurd that a boy’s father can legally keep his grandparents out of his life,” says Kent, who wrote Solomon’s Choice: A Guide to Custody for Ex-Husbands, Spurned Partners, & Forgotten Grandparents (Taylor Trade Publishing).

Families crumble for any number of reasons: divorce, the death of a parent, drug and alcohol abuse, incarceration. Grandparents in the U.S. do have rights and can seek visitation with grandchildren, but those rights vary from state to state. Understanding your basic rights can help ensure that your relationship with the grandchildren doesn’t end should that with their parents. Of course, every case involves a unique set of facts and grandparents who find themselves suddenly cut off from grandchildren should consult a lawyer to discuss the course of action their specific situations require.

When Grandparents’ Rights Changed

In June 2000, the U.S. Supreme Court issued a 6-3 decision on grandparents’ visitation rights in the Troxel v. Granville case. This canceled out a Washington State law that permitted judges to grant visitation to any interested party so long as the visits were in the best interest of the child — even if the parents objected.

The Troxel v. Granville decision was ambiguous because while the majority of the justices agreed that Troxel should be decided a certain way, each had a different reason for doing so which resulted in six written opinions.

This makes it hard for state courts to interpret the decision. Despite this and the narrow set of facts in which the case dealt, Troxel v. Granville has become the basis for all subsequent discussion of grandparents’ rights.

Parent Vs. Grandparent: Whose Call Is It?

The case dates back to 1993, when Brad Troxel committed suicide in Washington State. Brad left behind two daughters and their mother, Tommie Granville, whom he had never married. Brad and Tommie were estranged at the time of his death, but Brad’s parents, Gary and Jenifer, kept visiting their grandchildren after the suicide. When Tommie remarried and her new husband adopted the daughters she’d had with Brad, Tommie limited the grandparents’ visits.

The Troxels wanted more time with their grandchildren and went to court for it, citing Washington State’s third-party visitation law, which said they had the right to visit so long as it was in the best interest of the children. A trial judge agreed.

The Supreme Court, however, did not and found the Washington State law “breathtakingly broad,” arguing that it infringed upon parental rights. It struck down the Washington Supreme Court’s decision, which had granted the Troxel grandparents rights to more visitation.

While groups such as AARP filed court papers in favor of grandparents’ rights, the parents’ rights groups hailed the Supreme Court decision in favor of Tommie Granville a victory. Groups such as the Coalition for the Restoration of Parental Rights and the American Civil Liberties Union applauded the decision which gave “fit” parents the final say on how to raise their children — including whether grandparents could see them.

Laws Differ State by State

At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state has a different threshold for when it will allow grandparents to take a case to court.

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Florida Family Law Reform 2016!

causes.com/causes/409526-children-s-rights

Parental Alienation Dynamics ·Support Judge Gorcyca - Parental Alienation is Child Abuse - 2016

Let no good deed go unpunished. With good intentions Judge Gorcyca acted in the best interest of children. Now that a judge has finally listened, we must stand and rally.

Pathogenic parenting is a child protection issue NOT a ‪#‎childcustody‬issue. When addressing ‪#‎PathogenicParenting‬, mistakes can and will be made attempting to do the right thing. Mistakes can be fixed. When it comes to a parent emotionally and psychologically abusing children through ‪#‎ParentalAlienation‬ and hostile aggressive parenting, “there is no right way to do the wrong thing.”

*********************ba768-divorce18 CL: If you are a parent that has to deal with lies that have been untested, interference by the custodial parent and a full campaign of hatred from your kids and the ex, you need to speak up on behalf of this judge.

We don’t just encourage you to read these posts, we encourage action. It is only by protecting the vulnerable judges who on occasion get it right and that do punish alienation can we send a message to the entire judicial bench that we are sick of it.

Please write on behalf of this judge showing she used her judicial independence to heal this family because of the toxic brainwashing of the mother. Her conduct might not sit well with the board but her decisions were in the best interests of the children to end the parental alienation and dispense of testimony that did not make sense from the brainwashed children.

Let the Michigan Supreme Court and Michigan Judicial Tenure Commission know that you ‪#‎supportGorcyca‬.

MSC, CHIEF OF STAFF
Larry S. Royster
(517) 373-0120

MSC, PUBLIC INFORMATION OFFICE
John Nevin, Communications Director
(517) 373-0129

MJTC
Phone: (313) 875-5110
Fax: (313) 875-5154
E-mail: judicialtenure@courts.mi.gov
Parent League

Family Law Reform - 2016

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Child support needs to catch up to reflect new roles for fathers, say experts

How ‘deadbeats’ can still be good dads – The Boston Globe

ONE KIND OF FAMILY is the one in an old greeting-card picture: two parents, one or more kids, all under one roof.

But another kind of family has become more and more common over the last several decades. We tend to call it “single parenting,” but it is really better described as an unmarried mother and father living apart, their children, and the government whose laws regulate their relationship.

That set of laws is the child-support system, and it covers 17 million American children—about a quarter of them. But that system is nearly 40 years old, established during a different economy, and built on an old model where the mother was the caretaker and the father simply brought home the bacon. Today, a group of critics is saying the system needs an update, not only to be fair to adults but to avoid hurting the children whose interests it is supposed to serve.

These critics are particularly focused on the role of fathers, who make up the vast majority of noncustodial parents. Fathers are overwhelmingly the target of the current system’s narrow focus on collection and enforcement. And for middle-class and high-income men, it may make sense to require simply that they pay up or else.

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Enough is Enough! Florida Family Law Reform Task Force Needed!!

Another dangerously flawed family law reform bill has been once again submitted in the Florida Legislature. As this flawed legislation persists, Republican Sen. Tom Lee, who has been embroiled in his own past divorce and child support battles, has now introduced Senate Bill 250. Many marginalized members of the Florida Bar are saying enough is enough — it’s time for Florida Gov. Rick Scott to do the right thing and form a neutral “Family Law Reform Task Force” to carefully study this issue and recommend fair and equitable changes to our family law statutes that, if necessary, do not unjustly harm women and children.Ocala Article Family Law Reform - 2015

The proposed Alimony/Family Law Reform bill contains as one of its greatest flaws an equal child timesharing provision, which creates a legal presumption that equal time splitting between parents occur. This legal presumption can only be overcome if the parent challenging the presumption enters into a legal fight and proves, with evidence, that it is not in the best interests of the child to have equal time with both parents.

There is no exception in the proposed statute regarding the age, physical or mental health of the child, or the physical or mental health of the parents. This will mean that unless a parent challenges the law, infants and toddlers would be exchanged between households on a nearly 50/50 basis. Alcoholic or abusive parents will be presumed to be entitled to 50/50 split timesharing with their children as well, including overnights.

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What You Can Do About Stress In Family Law

Association of Family and Conciliation Courts

Do you have a hard to buy for family law professional in your life? Take the guess work and stress out of the holidays by giving them the gift of AFCC Publications.

Check out AFCC’s Innovation Series, featuring topics like—high conflict families, self-represented litigants, court services, and family law practice.

This volume offers six distinct approaches to working with high conflict families. Chapters present the reader with the information necessary to implement, replicate, or expand the models featured—a must-read for every professional…
AFCC.NETWORKATS.COM

Children’s Bill of Rights

WHEN PARENTS ARE NOT TOGETHER

Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up.

You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them.

You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling. It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever.

You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher.

You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours.

Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore.

You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF.

—-Special Concerns of Children Committee, March, 1998

“Children’s Bill of Rights” is a publication of the American Academy of Matrimonial Lawyers. © 1997 – 2001. All rights reserved. “Children’s Bill of Rights” may be reproduced under the following conditions:

It must be reproduced in its entirety with no additions or deletions, including the AAML copyright notice. It must be distributed free of charge. The AAML reserves the right to limit or deny the right of reproduction in its sole discretion.

© 2013 AAML Florida. 3046 Hawks Glen Tallahassee, FL 32312 | 850-668-0614

The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
http://www.aamlflorida.org/index.cfm?fuseaction=pages.tentips

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SUPPORT OUR CAUSE – Children’s Rights

About The Children, LLC's Blog

Behind Enemy Lines

Frustrated Woman at Computer With Stack of Paper

A lot of the parents that call us looking for assistance with their family legal issue feel like they’ve been backed into a corner and don’t know what to do. In these situations, it’s really easy to be impulsive and not make the right choices or say the wrong things; people act like scared wild animals when they feel that their back is to the wall and they’re running out of options. Fear causes people to do and say things they wouldn’t under normal circumstances. So I thought today would be a great day to lay out a couple strategies that can help you deal with your own stress that can be associated with family legal situations because we’re all human and sharing our experiences helps us learn and adapt to the world around us.

  • Find The Epicenter. Often times an inward search of ourselves yields a…

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Children’s Rights to both Parents and Families

The cruelty divorced parents inflict on children at ChristmasWhat is done in the dark will be brought to light - 2016

Christmas can bring all sorts of stresses and trials that combine to make the festive season anything but festive for children from broken homes, writes SIR PAUL…  WWW.DAILYMAIL.CO.UK

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https://www.causes.com/causes/409526-children-s-rightsA POEM FROM DADDY

The moment you came into this world
your cry was for me the sweetest word.
I used to hold you in my arms
singing gently till sleep comes.
I used to drive away all fear …
Made you feel safe when I was near …
I was the first to see you walk …
I was the first to hear you talk …
When “papa” came out of your mouth
I was the happiest man from north to south …
I used to feed you milk in a bottle.
I was a pony and you sat on my saddle.
I was a plane, an animal, or even a train …
Just for your laugh I did things insane …
I used to tell you stories before “goodnight”
Whenever you were sad, I made everything right…
We made drawings of you, mom and dad.
I thank God for the good times we had!
We bought flowers, sweets and presents for mummy
made cards for her with love like honey …
We played music and sang and danced.
From all we did, this is just a glance …
A glance of the past … Now I am far away …
Not being able to see you every day …
I’m now not able to show you my love
to share with you sweet moments like the ones we used to have …
So now my child what else can I say?
I hope you are well, only this is what I wish and pray …9cb2b-pledge

Parents Rights Blog

Season’s Greetings And Best Wishes For The New Year 2014

Life can only be understood backwards; but it must be lived forwards. ~ Soren Kierkegaard

Many parents and children will be going through the same emotions as my child and I. This time of year will be hard for many wondering what their future holds, because the family court system intentionally failed them, in the name of profit. So be it ….Us parents must remain strong over this trying period.

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WE ARE NOT A DISPOSABLE GENDER

Family Court Legislation Proposed  ~  Children’s Rightsthe war on men - 2016

Florida Florida Access To Civil Justice Florida Justice Association And Justice 4 All ~ Florida Florida Justice Institute Childrens Rights Florida Children’s Rights Stop Child Abuse Stop Emotional Child AbuseWhat happened to EQUALITY - 2016

Being the queen of generalizations I am going out on a ledge.But hear me out. Even one of the columbine shooters was treated with an anxiety medication. Maybe we should see why the rates of asperger’s and autism are increasing? Maybe it could be as simple as the food we eat.(over processed). I say more love and understanding and having 2 parents would fix this sooner than gun legislation~Jan

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wethefamilies

Image

As an advocate for fathers against family court’s anti-father rulings. They unintentionally obscure the real tyranny that fathers face. Their pleas and actions play into complex morass that family court and its benefactors use as a smokescreen to cover its tyranny.

The family court is a far cry from its original version during our nation’s first century. Then, societal values made divorce and out-of-wedlock children rare. Fathers and mothers were held responsible for contracted obligations but not denied their parental rights and benefits. Society recognized both the fundamental rights of individuals and the importance of preserving the family because of the natural protection and incentives it afforded to its members – and to freedom from government intrusion into the family.

But the family court has, now, long been perverted into the family destruction business. It does so by denying fit fathers their parental rights to their own children – the…

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Central Florida Judge Orders UCF To Release Study On ‘Gay Parents’

Click on the image above to read the full article.HRC: Florida judge orders university to turn over records from study used to ‘demonize’ gay parentswww.facebook.com/groups/ChildrensRightsFlorida/

HRC reports that a Central Florida judge has ordered the University of Central Florida to turn over records related to a 2012 study by Mark Regnerus about gay and lesbian parents.

Regnerus is an associate professor of sociologyat the University of Texas at Austin.  Bilerico Project journalist John Becker sued UCF for the documents.

Becker on Tuesday wrote that “Mark Regnerus’s dubious and discredited New Family Structures Study falsely claimed to show that children of same-sex couples do worse than children raised by opposite-sex couples.”

Stop Family Court Civil Rights Violations - AFLA Blog2016Here is the HRC news release and the court opinion:

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