In a case before Supreme Court Justice Janowitz, sitting in Nassau County, grandparents brought a proceeding seeking visitation with regard to their three grandchildren. The children’s parents asked Judge Janowitz to dismiss the case. They claimed the grandparents lacked standing to bring this proceeding.
The grandparents’ petition argued that they had enjoyed a good relationship with their grandchildren, but that the parents have cut off all visitation since January of 2010. The grandparents claim the cut off was without justification.
The parents argued that the grandparents behaved inappropriately and therefore they would not permit them to have access to their children. They claim the grandparents filed a false Child Protection Services report against them. The report was investigated and Child Protective Services found it to be unsubstantiated.
Court Finds For Grandparents
Justice Janowitz stated in his decision that where there is an established relationship between the grandparents and the grandchildren, the court would look into the basis of the parents’ decision to cut off this relationship. Justice Janowitz felt that mere animosity or bad feelings between the parties was not a valid reason, under Domestic Relations Law Section 72(1), for cutting off grandparents access to their grandchildren. Justice Janowitz ordered a forensic evaluation to determine if the parents’ allegations against the grandparents were true.
Grandparents’ Rights and Fathers’ Rights
Grandparents should have the right to develop a relationship with their grandchildren. Grandparents and fathers play important roles in children’s lives and their rights are protected by the law in New York. We litigate all types of fathers’ rights issues, including divorce, orders of protection, custody, visitation, child support, spousal maintenance (alimony), child abuse and child neglect proceedings. We defend fathers involved in paternity proceedings, and we also represent fathers who seek annulments.
In divorce situations, we litigate equitable distribution issues, relocation problems, parental alienation and parental alienation syndrome issues. We also negotiate pre-nuptial, post-nuptial and separation agreements.