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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The harm that conflicts over custody can do to children; and that the fight itself can cause the most damage

The Honorable Lawson E Thomas (1898-1989)
Lawson E. Thomas was an outstanding civil rights activist who worked tirelessly to make a pronounced change in Miami’s social and political environment, and who did so utilizing the law as his tool. His first major victory on behalf of a group of clients was gained in the late 1940s when he represented black parents in Broward County who successfully sued the School Board over unequal treatment of their children. At the time, the school year for black children was three months shorter than for white children, so that black children would be available to work in the bean fields.
 
Child on the stand - 2016

SAPPensemos en los hijos primero – para ayudar a las familias envueltas en
disputas por la tenencia de los hijos.

 

VIDEO: http://www.jud2.ct.gov/vod/CustodyDisputesSpanish.asx

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The goal of the presentation is to help parents understand, early in the process, the harm that conflicts over custody can do to their children; and that the fight itself can cause the most damage.05691-knowtheindustry2521

Questioning If I am a Fit Parent?? A better question Is….Are You A Fit Lawyer??

Fighting Fathers of Florida  will begin a series on Garbage Attorneys – they will explore how their excesses harm our children, how the courts are complicit in allowing this to happen so that their fellow Florida Bar members can profit, and what YOU can do to stop it.

Exposé on South Florida’s

Garbage Family Law Lawyers

Exposé is defined ~

1. The act or an instance of bringing a scandal, crime, etc., to public notice.
2. (Communication Arts / Journalism & Publishing) an article, book, or statement that discloses a scandal, crime, etc.

“There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice ” 

– U.S. vs. Jannottie, 673 F.2d 578, 614 (3d Cir. 1982).

New Study Says Divorce Can Seriously Impact Men’s Health  —  www.huffingtonpost.com


Family “legal abuse” is the set of human rights violations that stem from an unethical, immoral, and unconstitutional presumption on the part of judges, attorneys, and legislators that one of the two parties in a divorce/separation must necessarily be treated with inequality.

 

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” ~ Margaret Mead

“Lawyers Fail to Give Clients All Options Available for Resolving Conflict.”

  —  Family Law Attorney, Mediator, Collaborative Divorce Practitioner / Author / Lecturer / Keynote Speaker

Lawyers Fail to Give Clients All Options Available for Resolving… huffingtonpost.com

As I like to remind people, you can only give what you have and teach what you know. If the legal community won’t embrace ADR, maybe an educated public can force the issue.

 

 

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Once again folks, you just can’t make this stuff up. For decades we’ve all wondered why lawyers lose their conscience, look the other way or undermine long overdue reforms to our justice system. Well, when a conscientious attorney, unblemished over 23 years, tried to do just that, his reform efforts were made subject to a succession of false claims by ethics lawyers masquerading as public watch dogs.

Glen Gibellina ~ 2 YEARS LATER, STILL HAVEN’T SEEN MY ONLY CHILD IT’S TIME TO DISMANTLE THE CURRENT FAMILY COURT SYSTEM “IN THE BEST INTEREST OF THE CHILD” CHIEF JUDGE ANDREW D. OWENS RESPONSE

12th Circuit Court Judge Janette Dunnigan Moition to Disqualify

wethefamilies.wordpress.com

Courts empower alienation in divorce child custody battles when they deprive a parent of the ability to exercise their equal parental rights and time with their child. This leads to parental alienation syndrome a form of psychological child abuse.

The Good Men Project originally shared

I Overshare Because I Care —Accused of revealing too much, Aussie Reservoir Dad prefers disclosure over discretion  http://ht.ly/kEWzU

Family Courts

WLYB…………court-determined custody as not a right to parent one’s children but as the power to prevent the other partner from parenting.[37] Members of the fathers’ rights movement state that family courts are biased against fathers and shared custody.[38][39] Baskerville states that the outcome of divorce is overly one-sided and is initiated by mothers in more than two-thirds of cases – especially when children are involved. He also states that divorce provides advantages for women such as automatic custody of the children and financial benefits in the form of child support payments.[40] Members of the FR movement also state that family courts are slow to help fathers enforce their parental rights,[41] expensive and time-consuming.[42]

Dr. Stephen Baskerville has also stated that family courts are secretive, censoring and punitive towards fathers who criticize them.[37] He also claims that employees and activists within the courts support and benefit from the separation of children from their parents[43] and that family law today represents civil rights abuses and intrusive perversion of government power.[44]

Meanwhile in California Family Court System…

Towards the end check out this video a brave 11 year old girl is speaking to Judge Sullivan about how she has had not contact with her siblings!  Get a box of kleenix! When a Parent wins in Family Courts KIDS LOSE - 2016