COURTS CAN BLOCK A GRANDPARENT FROM SEEING A CHILD WITHOUT ACCOMPANIMENT
H. Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 31 years of experience suggests that New York custodial litigants observe and monitor the speech of their parents to ensure that the children at issue are not exposed to disparaging comments and remarks from their grandparents about the other litigant/parent.
In a recent case decided on July 12, 2017, the Appellate Division, Second Judicial Department held that there was a sound and substantial basis for the trial court to direct that a child’s mother not permit the maternal grandmother to be alone with that child. These types of rulings are carefully crafted so as not to abridge the rights of free speech of the grandparent. After all, can’t the grandparent speak her mind about her son/daughter-in-law. A court can place the burden of insuring that the children are not exposed to disparaging or venomous remarks about the other parent. The Court has the power to impose restrictions on children’s interactions with third parties during visitation if it is in the children’s best interests to do so.
Determining whether a third party, including paramours, hostile grandparents, or relatives should have access and exposure to children has been an issue that arises from time to time in child custody practice. I have initiated legal proceedings to block access by potentially toxic individuals to children in custody litigation. Children can come to harm in many ways and it is incumbent on parents to ensure their safety.
Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over the past 31 years. Feel free to contact me, H. Michael Stern, Esq., a family lawyer in Garden City, if you are interested in discussing your matrimonial, divorce or family law matter at email@example.com or by phone at 516-747-2290.
My office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road in Garden City, New York.
Written by: H. Michael Stern, Esq., Family Lawyer in Garden City