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September 22, 2011
Most of us know about the various battles that can happen in the court after a divorce regarding the custody of the child. You might have wondered, how does the court decide which parent gets the custody of the child? The main question the courts consider in deciding the custody of a child is: what is in the best interest of the child? This principle is connected to grandparents rights, which are the rights permit the grandparents to take a […]
September 13, 2011
A new California law makes it a misdemeanor for anyone providing care or direct supervision to a person who is at least 65 years old to coerce or deceive that senior into voting contrary to the senior citizen’s intent. Senior voting rights are an important emerging part of Elder Law in the USA. Assemblyman Mike Gatto’s bill AB 547, a measure to protect senior citizens from voter fraud and abuse, has been signed into law by Gov. Jerry Brown and […]
September 6, 2011
Grandparents raising grandchildren is not a new phenomenon. It is, however, a rapidly growing one. Census data shows that the incidence of increased grandparent involvement in raising their own grandchildren is getting more and more common. As of 2010 about 6 million children, nearly 8 percent of all children, were recorded as living with grandparents identified as head of household. That number is nearly twice what it was in the 2000 census. Sometimes grandparents must take over a child who […]
August 22, 2011
In the state of South Carolina, the courts have the power to order grandparents visitation if a parent is deceased or if parents are divorced or living separately. As in all of the 50 states, the court must find that visitation would be in the best interests of the child. In addition, the court must find that visitation would not interfere with the parent-child relationship. The court is also directed to consider the nature of the relationship between the child […]
August 12, 2011
Do grandparents really have the right to visit their grandchildren? In cases where they are denied access to their grandchildren, grandparents may be able to petition the court for grandparents visitation rights, but there are some restrictions on their ability to do so. The biggest obstacle to grandparents petitioning for visitation rights is a 2000 Supreme Court case, Troxel v. Granville, which struck down a Washington state law allowing third parties, like grandparents, to petition the court for visitation over […]
July 13, 2011
A lot of people ask me when is the best time to get a court to grant grandparents rights. The important thing to note is that it is always best if you can have grandparents visitation included at the time of your child’s divorce. If you or your attorney can negotiate directly with the parents of your grandchildren then adding terms such as grandparents visitation is far easier than it become later. Each different state provides the appropriate venue which […]
July 4, 2011
Grandparent’s rights have become a controversial issue. On the one hand why should grandchildren be denied time with a grandparent because their parents no longer live together or are getting a divorce? Conversely, at what point does the intervention of the courts infringe upon a person’s civil liberties? People going through a divorce often feel that they have little or no control over their lives anymore. It seems the court system takes over their life, telling them how to live, […]
June 24, 2011
Are you a grandparent who is feeling wronged? Are you intending to file a law suit to enable you to visit your grandchildren? Are you feeling frustrated by the repeated refusals your son or daughter’s ex spouse is putting you through when it comes to your grandchildren and you? Do you suspect your grandchild is being subjected to child abuse, drugs or careless parenting? If so, then it is time you got to know your grandparents rights inside out. Grandparents […]
June 18, 2011
Grandparents visitation rights and custody rights are becoming a huge issue in our society. Not only are more grandparents today taking on the responsibility of their grandchildren, but more grandparents are petitioning the court for visitation rights and winning visitation rights and/or custody of their grandchildren. In my book No Greater Loss I explore the complexities of these issues in our culture today. My book has great detail about the specifics of the law and what it means to grandparents. […]