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    marilyn monroe's Avatar
    marilyn monroe Posts: 2, Reputation: 1
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    #1

    Aug 26, 2007, 11:47 AM
    Grandparents' Rights
    What rights do grandparents have, for visitation with their grandchild?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Aug 26, 2007, 12:35 PM
    The legislature and courts, cognizant of the importance of the grandparent-grandchild relationship, have implemented procedures by which grandparents can seek visitation with their grandchildren.These laws, however, do not give a grandparent an absolute or unqualified right to visitation. Instead, as in all cases involving child custody and visitation, the primary inquiry is "what is in the best interests of the children." It is the grandparent's burden to show that it is in the best interest of the child for the grandparent to have visitation.
    In New York, by statute, a grandparent only has standing to seek visitation with a grandchild if the child's parent is deceased "or where circumstances show that conditions exist which equity would see fit to intervene."
    Another factor examined by the court is the basis of the parent's objection to permitting the grandparent to have visitation with the child. Mere animosity between the grandparent and parent may be an insufficient basis to deny a grandparent visitation. However, where a court finds that the grandparent's relationship with the parent and/or the child is dysfunctional, visitation may be denied.
    Assuming that the grandparent established standing to seek visitation, the court will determine if the visitation is in the best interests of the child. In determining the best interests of the child, the court will undertake an exhaustive examination of all the relevant facts and circumstances, which will, by necessity, include the grandparents inter-personal relationships, and, in particular their relationships with their own children, particularly the grandchildren's parents.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    Aug 26, 2007, 12:41 PM
    The Supreme Court of the USA after TROXEL v. GRANVILLE/
    No. 99—138. Argued January 12, 2000–Decided June 5, 2000/ affirmed limitation for grandparets to seek visitation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Aug 26, 2007, 12:45 PM
    They depend on where you live and why you have to seek a visitation order. It would help if you gave us the full story.

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