Ex parte E.R.G.: After the failure of a business, shared by father and grandfather, parents terminated the grandparents’ contact with the children.
By Laura Morgan, Family Law Consultant
Grandparent visitation statute violated fundamental due process rights of parents, and therefore was unenforceable, by not including a presumption in favor of parents when deciding questions of visitation, by looking only to the best interests of the child, and by substituting the judge for the parents in applying the best‑interests standard, and also by not requiring a showing of compelling state interest in awarding visitation to grandparents or a showing that application of the statute was the least restrictive means of achieving any state interest.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Reprint with permission.
With widespread military forces around the world, especially in Afghanistan, Iraq, and Kuwait, America’s military places unique challenges before the men and women in uniform who make up the Army, Navy, Air Force, Marine Corps, and Coast Guard. A high operational tempo means stress at home and less time for families. As a result, divorce rates in the uniformed services are higher than the general population.
We received a voicemail on Friday from a family law attorney who stated their client needed a monitor on Sunday. I returned the call, but it was too late, someone had been found. We get too many calls like this. Usually, the client has just come out of court, having been ordered to arrange for professionally supervised visits with their child. They often presume they can just call up a monitor and start right away. It’s not quite that simple. According to the California Rules of Court, Standard 5.20, each parent must have a comprehensive intake/orientation interview before visits begin.