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Court Rules on Grandparent Rights Issue

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.

Contact Stephen Bilkis and Associates. They will provide you with options as to how to be able to see your children or make sure their lives are not disrupted by people wanting time with them. We have offices Queens, the Bronx, Brooklyn, Staten Island, and Manhattan in New York. In Long Island, we are in Suffolk County and Nassau County, as well as in Westchester County. We will provide you with legal assistance and see to it your rights and the children’s are protected. Call us today at 1-800-NY-NY-LAW for free consultation

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