Grandparent's Rights

Published on: October 27, 2014

Court Decides Grandparent Custody Case

by Stephen Bilkis

The subject children lived with the petitioner, their maternal grandmother, intermittently for the first 2 1/4 years and 1 1/4 years of their lives, respectively. After the Administration for Children’s Services filed a petition in a separate matter alleging neglect against the children’s mother, the children were placed with the petitioner on March 1, 2002. However, on March 6 or 8, 2002, the children, who were then 2 1/4 years old and 1 1/4 years old, respectively, were removed from the petitioner’s custody due to the condition of the petitioner’s home. On December 2, 2002, the children were placed with their paternal grandmother, the respondent who was subsequently designated the children’s foster parent and adoptive resource, and they have resided with her since that time.

The petitioner testified that, after the children were removed from her home, she usually visited them approximately once or twice per week until the mother’s parental rights were terminated pursuant to an order of the Family Court. While a finding of fact made by the Family Court during the proceeding to terminate the mother’s parental rights suggests that the petitioner only accompanied the mother to nine of the mother’s scheduled agency visitations with the children, the record reveals that the petitioner had several other visits with the children. The petitioner further testified that she contacted the respondent directly several times to request visitation, but the respondent refused her request.

Published on: October 7, 2011

Edwards’ Daughter To Wed

by Stephen Bilkis

The daughter of Elizabeth Edwards gave her mother the greatest piece of news she’d ever receive: she was getting married. Just days before Beth passed away after a long struggle with cancer, her daughter Cate let her know she was engaged to her longtime love, a doctor, said a New York City Family Lawyer. For Edwards, who has seen her life take on a roller coaster ride that few would ever endure for as long as she did, it was the news that helped her leave this world with a smile on her face. Reaction in Nassau and Suffolk Counties was very positive.

Cate is an anti-discrimination attorney in Washington D.C. and friends have said that she and her mother are remarkably similar. The two were as close as any mother and daughter could be, often chit chatting on the phone for hours on end about every little thing one could think of. Friends said that they even held their phones the same way!

For Beth, it was needed joy. After learning that her ex-husband, the famed John Edwards who famously ran as Vice President with John Kerry in a losing effort in 2004, had cheated on her in a high profile and public fashion, she was diagnosed with cancer, notes a New York City Family Lawyer. She had fought cancer once before, beating it back, but this latest return was considered much grimmer. Thankfully, before she died, she got to smile one last time knowing she would be a grandparent.

Published on: October 3, 2011

Supreme Court ruling allows grandparents custody rights

by Stephen Bilkis

 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.

A New York Family Attorney can help ease the struggle and pain in situations where the needs of the child must be taken into consideration. A reputable New York Family Attorney will represent you fairly, honestly and accurately. The firm of Stephen Bilkis & Associates with convenient locations thorughout the Metropolitan Area, including servicing Tribeca, NY City, can be of invaluable assistance to you if you find yourself a party to a case. Facing the Court without professional representation could lead to disastrous results.