Guide to Grandparents’ Legal Rights Regarding Their Grandchildren – Part I

attorney for grandparentsGrandparents’ rights regarding custody and visitation arrangements are regulated on a state by state basis. There is a federal statute called the Parental Kidnapping Prevention Act of 1980 which impacts upon grandparents’ rights. This statute requires each and every state to give full faith and credit to child custody orders and decrees given by other states. In 1998, a federal law went into effect which required all 50 states to recognize and give legal enforcement to court orders from other states giving grandparents visitation rights with their grandchildren. The Uniform Child Custody Jurisdiction and Enforcement Act requires courts in the state where the child is located to enforce child custody orders from other states.

Troxel v. Granville

In the year 2000, the United States Supreme Court, in the case of Troxel v. Granville rendered a decision that a statute from Washington State giving grandparents visitation rights violated the due process rights of the biological parents to raise their children. Since this case was decided, there have been numerous state court decisions in New York as well as sister states and state laws trying to get around, modify, or soften the decision in Troxel v. Granville. New York State is one of the most liberal states in the country when it comes to giving grandparents visitation and/or custody of their grandchildren.

grandparents rights lawyerElliot Schlissel has been litigating cases on behalf of grandparents for more than three decades.  He is successful in helping grandparents obtain visitation with their grandchildren.  In the appropriate situations, he has been successful in helping grandparents obtain custody of their grandchildren.  He strongly believes that grandparents can play an invaluable role in the lives of their grandchildren.

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 45 years representing individuals in matrimonial and family law cases.