Sentences with phrase «visitation by grandparents»

Not exact matches

Temporary Visitation Order for Grandparents in Arizona On August 12, 2014, a decision was handed down regarding a special action that arose from a trial court's temporary order in the paternity action brought by Molly Lambertus (Mother) against Tyler Day (Father) in which it was ordered that the paternal grandmother, Linda Faye Day - Strange (Grandmother), be -LSB-...]

A summary of grandparent visitation laws by state can be found here.

This law is more restrictive than the former Illinois Grandparent Visitation Act, which was declared unconstitutional on its face by the Illinois Supreme Court in 2002 in Wickham v. Byrne.

The new grandparent visitation statute was written by Illinois attorney Michael K. Goldberg, of the Chicago Law Firm of Goldberg Law Group, who represented the parent in Wickham v Byrne, the 2002 Illinois Supreme Court case that invalidated the former grandparent visitation statute.

The first opinion, signed by two judges, construed Troxel to provide that grandparent visitation can not be awarded based on a best - interests - of - the - child standard alone, regardless of the burden of proof.

The act made it more difficult for grandparents to receive court - imposed visitation by creating a presumption in favor of a parent's decision, enhancing the burden of proof on the grandparent and acknowledging a parent's fundamental right to parent his or her child.

Since Troxel, a number of state courts have examined their grandparent visitation statutes in light of the constitutional principles espoused by the Supreme Court.

The new Act is more restrictive than the former Illinois Grandparent Visitation Act, which was declared unconstitutional on its face by the Illinois Supreme Court in 2002 in Wickham v. Byrne.

To petition for visitation rights in Illinois, grandparents must show that they have been unreasonably denied visitation by a parent of the grandchild and that one of the following statements applies:

When families are unable to resolve differences relating to grandparent visitation and a petition is filed pursuant to s. 752.01, the court shall, if such services are available in the circuit, refer the case to family mediation in accordance with rules promulgated by the Supreme Court.

The parent related to the grandparent has no objection, is divorced or legally separated from the other parent, AND the proposed visitation does not diminish visitation by the unrelated parent;

However, established grandparent visitation will not be affected by a termination of the parent's rights.