New York Family Law Blog

Many families truly honor the presence of grandparents who play a large role too in influencing the younger ones in each family. Besides, there would not be any grandparents day if there are not important, right? However, it might surprise you that there are lots of child visitation rights tackled by a reliable New York family lawyer which include grandparents fighting for their rights to see their grandchildren especially if one of the parents have already passed away. In this case, both parents have not died but are separated instead. This involved the appeal of the maternal grandmother of the child by the name of Mona Chapin against the father Jason Forbes.

The grandmother was first allowed to visit her grandchild of one week during the summer season and about five weekends in a year. But according to a Nassau County Child Support Lawyer everything changed when the father of the child started to remarry. After this second wedding, the court found out that he and his new wife are depriving already the visitation rights of the grandmother in the middle part of 2002. In 2003, the mother of the child agreed to give full parental rights and even allowed the stepmother to adopt her own son. But all these decisions were not relayed to the grandmother involved.

When the grandmother knew about the adoption plan, she filed contempt against the father for the shortcoming of not informing her and this according to a Nassau County Family Lawyer. When the general master reviewed the role of the grandmother, they discovered that she was consistent then of fulfilling her visitation rights and that the father truly had a mistake in that point of not informing her. This case then was decided to base it all on whichever would be for the best interest of the child.

When it comes to grandparent visitation rights, even if a remarriage is done or the child suddenly becomes adopted by the step parent, this should not put a stop to her rights to visit. Unless the reason of the father is valid that the visits of the maternal grandmother will not give his son any benefit at all. It was further researched that the grandmother and the child were very close to each other and if their relationship would be put to a halt, then this could affect the child emotionally. The stepmother on the other hand knew about the previous visitation rights of the grandma.

With the established relationship of the grandmother and the child, the court can say that this can be for the best interest of the child involved. Anything that would not be of the best interest mean that it could harm the child in any way possible. However, to say that not seeing the grandmother would harm the child is way too early. The rights of the father for privacy was respected by the court and his decision to stop his child from seeing the maternal grandmother was granted.

If you want to know more about the proper legal procedures of such cases, you can start contacting the office of Stephen Bilkis and Associates. Family-oriented cases are not just limited to child custody and rights for they also have a legal team can help you out with mending couple relationships or help you regain your right and the justice you deserve. You are also sure to learn a lot from the process. Whether you need an order for protection, have a paternity issue, or need assistane with a visitation matter, we are ready to help ensure that your rights are protected. Call us today for a free consultation at 1-800-NY-NY-LAW.

In a relationship that ended in June 1991, Tommie Granville and Brad Troxel had two daughters, Isabelle and Natalie. The two never married, mentioned a New York Family Lawyer. Jenifer Troxel and Gary Troxel are Brad’s parents, making them the paternal grandparents of Isabelle and Natalie. Even after the separation and since Brad lived with his parents, he had taken his kids at his house over the weekend to visit. In May 1993, Bad had committed suicide, ending his life. After the death of their son, Mr. and Mrs. Troxel still saw their grandchildren regularly. By October 1993, Ms. Granville told them that she wanted to limit their visit to her daughters to just one short visit per month.

It was December 1993 when Mr. and Mrs. Troxel filed a petition to get visitation to their granddaughters. What they asked for was two weekends of overnight visitation per month and two weeks of visitation each summer. Ms. Granville said she was not against them visiting her children, but the length of the visits and how often is the one that she wanted to limit. A Nassau County Family Lawyer said, Ms. Granville wanted the visit to be once a month only and just for the whole day with no overnight visits. The Superior Court issued an order for visitation one weekend per month, one week during the summer, and four hours on both petitioning grandparents' birthdays.

Ms. Granville, at this time already married to Kelly Wynn, filed an appeal with the court. The Court of Appeals sent the appeal back to the Superior Court. Their decision was that the visits were beneficial to the children, Isabelle and Natalie. They considered the standing of Mr. and Mrs. Troxel as part of a large, central, loving family, in an area that will give the children access to their cousins and music. They said that the children should also spend time with their step father’s six other children with their mother and step father.

About nine months after the remand, Mr. Wynn formally adopted Isabelle and Natalie. The Court of Appeals then dismissed the Superior Court’s decision stating a non-parent does not have the standing in appealing for custody when there is no custody hearing. A Nassau County Child Support Lawyer mentioned that the Supreme Court granted the petition of Mr. and Mrs. Troxel for a review. They said that even though they do not agree with the reason of non-parent, in the current situation where there are already two parents in the household and no apparent reason for the court to interfere, the decision is affirmed. In their decision, they cited the fundamental right of a parent in raising their children, which the court cannot infringe on without cause.

The well-being of the child surpasses any other issues of each party in the trial. This interest is protected by law, and they see to it that the rule of law is followed. If the case is regarding custody or visitation rights, the children’s welfare is always the first and most important consideration. Whether you need to file for divorce, have a custody or visitation issue, or need an order for protection, speak with legal counsel as soon as possible to ensure that your rights, and the rights of your children are protected.

Continue reading "Court Rules on Grandparent Rights Issue" »

A couple got married and had one child. Unfortunately, the father died, and the paternal grandparents were granted visitation rights in the final judgment of dissolution. December of the same year, in a hearing that was rescheduled, with the mother properly notified, the court gave the paternal grandparents a right to take their visitation at the mother's current address. The mother did not appear in court for this, according to a New York Family Lawyer. The paternal grandparents, were not able to find the mother at the child in the address. January of the following year, the grandparents filed a motion for contempt with the court against the mother. The hearing was scheduled for March of that year.

The maternal grandparents filed a petition with a different county court for the adoption of their grandchild. This was filed four days before the scheduled hearing for contempt in the original court. From what a Nassau County Family Lawyer found out, the maternal grandparents presented a signed consent from the mother. The mother did not appear in the rescheduled hearing for contempt, so a warrant of arrest was issued by the court. The following month, the mother contact the paternal grandparents. They agreed to a visitation schedule so the arrest warrant was withdrawn. The hearing was set for May 26 and the mother said the visitation could start in July.

At the hearing in May 26, reported a Nassau County Child Support Lawyer, all parties attended and the court granted the request of the mother to have the visitation start in July. The court was not aware of the adoption petition in the second court. The following day, the second court heard the petition for adoption, with them unaware as well of the hearing in the original court the day before. It was in June that the paternal grandparents were notified of the adoption. They filed another contempt motion and a petition to restrict the removal of the minor child from their county. The adoption petition was vacated, as well by the court. The motion of the paternal grandparents was granted.

The maternal grandparents and the mother appealed for a review of the decision. The Court of Appeals agreed with them that the child’s movement should not be restricted solely to facilitate visitation, but they said additional facts in the situation must be considered. The court said the mother moving the child and not saying where the child is for three years showed bad faith. This decision was not solely for the visitation but to make sure the process of the court is followed. The lack of bond in the decision was as well reasonable because the mother has shown she can be a flight risk. The adoption of the child being valid at the time of the injunction, the Court of Appeals said no because the judge had vacated it. The decision was affirmed.

The best interest of the child id the first consideration of the courts when determining visitation. The jurisdiction of the courts also follows a rule to prevent a parent from seeking a more favorable decision somewhere else. There are laws, which cover visitation and a good lawyer knows it has to be followed and reviewed.

There is little argument that a divorce proceeding is difficult, and emotionally charged, particularly when there are children involved. During the course of the proceedings, you may find that an order for protection is required, or that a paternity, or guardianship issue arises. To ensure that you and your child's rights are protected, be sure to seek out skilled legal counsel as soon as possible to ensure the best possible result for your case.

Continue reading "Court Rules on Grandparent Adoption Case" »

A mother was awarded custody her son, when the couple divorced. The boy was only two years old at that time. Less than a year later, the mother died. The father immediately assumed custody of their son less than a month after her death. He filed a petition to change the decree to give him custody and this was granted about three months after, said a New York Family Lawyer. The order showed he had already remarried, and that he allows visitation for the maternal grandmother, with his child.

When the grandmother received the child for a visit, she asked a different court to award her temporary custody of the child. This was granted by the court and there was no order from the previous court to transfer jurisdiction to them. According to a New York City Custody Lawyer, a hearing took place to hear the father's side. After the review and the testimony of the father, the custody was given to the father, and the court ordered that the child be delivered to him. Visitation was not included in the ruling.

The grandmother filed a motion to modify the divorce decree about a year later so she could have visitation rights. The court granted her those rights and said she can have the child for thirty hours a week in her home or anywhere else. If the parties are unable to agree on the schedule, it was set to be from noon on Saturdays until six in the evening on Sundays. A New York City Visitation Lawyer mentioned as well that the court instructed both parties not to take the child outside their jurisdiction without their approval. Another two years passed before the grandmother filed another motion with the court against the father for contempt. She claimed that the father denied her visitation for the second week of February that year. In her petition, she said he announced his intention to deny her visitation in the future.

The allegations were not challenged by the father, rather his attorneys filed a response saying boy was already adopted by the father's current wife. This was the reason the claims made by the grandmother is barred and cannot be enforced. They stated, the continuance of the visitation was just voluntary but the visits outside their home are proving to have negative effects to their child’s health and well being. This is why they want the visitation to be restricted to their house. They provided medical reports. The contempt was reversed, and was appealed. The Court of Appeals in their review said, the previous decree was not affected by the adoption, since the father did not follow it at the time he is in contempt. As for the future visitation, the contempt should not be needed as the parents, father and stepmother, can already determine the frequency of the visitation. They should not deprive the child of the benefit of being with his grandmother for whom he has a great affection for.

The parent of a child, natural or adoptive, has the same rights in deciding for the welfare of their child. This does not affect previous rulings to the natural parent for visitation. The court has always held that the best interest of the child is the priority.

Going though a divorce is never easy. At whatever stage of the process you find yourself in, it is important to ensure that your rights, and the rights of your child are protected at all times. Whether you are just initally filing for a divorce, require an order for protection, or have a custody dispute, it is important to consult with legal counsel as soon as possible.

Continue reading "Court Rules on Grandparent Visitation" »


The Supreme Court in South Dakota has ruled in favor of grandparents being granted parental custody of their grandchildren, said a NY Family Lawyer. This ruling is being seen as a victory for children whose parents are seen as unfit because it gives the children a chance to have a stable family life with grandparents or other people who love them instead of being thrust into foster care with strangers. 

The Family Lawyer in NYC mentioned that in such circumstances, a judge will rule in favor of the grandparents or others who know the child if it has been deemed that the biological parents are not capable of providing basic needs, like food, shelter and clothing. This comes as great news to grandparents and other relatives who do not want to see the children taken out of the context of their family because of the ineptitude of the parents. 

According to the Lawyer, it makes sense to allow the children to be raised by family members who are not their parents because it gives them stability in knowing that they are valued members of their family and that even though their biological parents may have been facing unforeseen circumstances that has labeled them unfit, they can continue to be appreciated and nurtured within the larger family unit that they have come to know. 

Reports received by the courts in New York City and Long Island suggest that drug and alcohol abuse can contribute to a biological parent losing custody of their children, as con domestic violence. Extenuating circumstances such as homelessness can also be cases in which another family member might win custody of the child if it is seen as being a solution that offers the child a better quality of life and stability. 

Determining custody and parental rights can be stressful and emotionally devastating, especially when one does not know all of the options available in such a situation.

Continue reading "Supreme Court ruling allows grandparents custody rights" »