The attorneys at Shulman Family Law Group realize that grandparents are often a vital and committed part of their grandchildren’s lives. Unfortunately, disagreements between the grandparent and his/her children (the parents of the child) can put the grandparent-grandchild relationship at risk. When this occurs, grandparents must turn to the courts to obtain visitation rights so they can continue to be an integral and loving part of their grandchildren’s lives.
Unfortunately, obtaining a formal, legally enforceable visitation relationship between the grandparent and the grandchild is difficult. This is because the United States Constitution guarantees a parent’s right to raise his/her child without governmental intrusion. As a result, grandparents’ rights are very limited.
In Troxel v. Granville, the Supreme Court of the United States weighed the issue of grandparents’ rights and struck down a Washington law that allowed third parties, e.g. grandparents, to seek visitation when such a request is against the wishes of the parent. In Troxel, the grandparents sought visitation rights above and beyond what the mother (their daughter-in-law) was willing to grant. The Court held that, where a parent is not an unfit parent, the courts must give special and deferential weight to the parent’s decisions in matters of the raising of his/her child. There is a presumption that a fit parent is always acting in the best interests of his or her child.
As your attorneys, an essential aspect of our job is prepare the best arguments to persuade the Court in your favor. To be successful, grandparents must overcome the presumption that the parent’s decision to deny visitation is in the best interests of the child. This presumption is difficult to overcome, but not impossible. With the help of an experienced family law attorney on your side, you can present a strong case backed by facts and evidence to win your case.
We are recognized by our peers and our past clients as lawyers who provide strong advocacy that gets positive results. We look forward to providing you with the level of service you expect and deserve as you try to cultivate a lasting relationship with your grandchild.