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HoganWillig Blog

Posts from December 2008.
December 15, 2008

Far more often than not, grandparents play a special role in the lives of their grandchildren. In recent years, many grandparents have become increasingly involved in their grandchildren’s lives, from seeing them on a regular basis to caring for them on a full time basis, if a parent is unable or unwilling to care for the child. Sometimes, however, situations develop where grandparents are denied the right to see their grandchildren. Historically, grandparents lacked any legal right to visit and to communicate with their grandchildren when such contact was forbidden by the parents. However, lawmakers have increasingly recognized the need to preserve the beneficial relationship between children and their grandparents, and as such, at least forty-eight states have enacted various statutes allowing grandparents the right to petition for visitation under certain circumstances. For instance, New York State, which takes a paternalistic approach, recognizes that visits with grandparents can be a precious part of a child’s life, providing benefits that cannot be derived from any other relationship.

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