Reader comments at The New York Sun - Courts Gets Case Of Grandparental Visitation Rights

Reader comment on:
Courts Gets Case Of Grandparental Visitation Rights

Submitted by Kevin, Sep 10, 2008 13:58

To accommodate all parties' interests, particularly the children's, regarding grandparent rights and in light of our State's Family Court practices in this area I would propose that we each push to change NY's Family Law as noted below. These provision would have helped me and my boys after I lost me wife to cancer (see my earlier submitted comment). Grandchild Support. When one of a child's or children's parents dies, the child(ren)'s surviving custodial parent may petition for and shall be awarded grandchild support from the deceased parent's parents (grandparents) equal to one fourth of what said grandparents would be required to pay if they where in combination the non-custodial parent of said child(ren) under the Child Support Collection Act. Said amounts shall be collected through the Child Support Collection Unit. Presumption of Visitation being in Children's Best Interest. In instances where a child's grandparents have standing to petition for visitation with their grandchildren, said grandparents shall have a presumption that at least minimal visitation with the children would be in the children's best interests, but said presumption may be overcome by testimony or other evidence showing: (i) a pattern of efforts on the part of the grandparent(s) to undermine the child(ren)'s perceptions of the authority, character or fitness of their parent; (ii) other parent alienation efforts or potentially psychologically harmful efforts or actions on the part of the grandparent(s); (ii) physical or sexual abuse; (iii) substance abuse; (iv) moral turpitude; (v) psychological or personality disorders; (vi) or other factors the court deems appropriate. Consideration of Fit Parent's Wishes. In all instances were a court is determining whether to award grandparental visitation and how much visitation to grant, the wishes of a fit parent must be given paramount consideration in light of said parent's obligations to support, care for and raise his or her children and in light of the fundamental right of a fit parent to determine within the constraints of the law how best to raise his or her child(ren). Any award of grandparent visitation shall: (i) accommodate a fit parent's decisions regarding the child(ren)'s schooling, choice of where to live, religious practices and upbringing, and inter-generational involvement in children's normal activities; (ii) include automatic standing for the parent to petition for modification of the award to accommodate intended relocation for change of employment, remarriage or other significant event or change, and to the extent practicable be structured such that modification is not required to address such eventualities; and (iii) include provision for equitable sharing of transportation costs associated with transferring the child(ren) for visitation. Denial of Visitation with Leave to Apply again in Three Years. In addition to potential standing provided by change of circumstance, the court may as part of an Order denying grandparent visitation grant automatic standing to the grandparent(s) so the Court's Order may be revisited upon petition filed by the grandparent(s) three or more years after the date of the earlier Order.

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Courts Gets Case Of Grandparental Visitation Rights