Re: Laws concerning a relatives (non-parent or GParent) requ

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On 1/05/09, DeeDee wrote:
> I am having a difficult time finding anything concerning
> laws currently on the books in NY State that state who is
> permitted to request visitation rights to my children. We
> are a married couple who have been taken to family court by
> a relative who seeks visitation rights to our children. The
> petitioner is a relative, not a parent, or grandparent...no
> parent is deceased, there is no divorce, now or in the
> future, and we are both the biological parents.
>
> I know that most will say to get a lawyer, but I seriously
> cannot afford one...I could, but it would mean not being
> able to pay anything else. I would just like to at least
> get info or be pointed to the laws concerning my problem.
> It is difficult to find anything online, or even find a
> lawyer for this case since it does not involve a divorce, a
> custody/visitation hearing for the parents, or a request
> from the grandparents. The request just comes from a
> relative of mine and my children who is not related to my
> husband.
>
> I have read the laws concerning Section 26.10.160(3), Troxel
> v. Granville, and at first took the law as stating it was
> against my constitional rights as a mother to have the
> courts interfere with my rights as a mother and what I deem
> best for my children. Upon reading further, I am not so
> sure, and think it just might mean the opposite.
>
> I do not understand how the court/judge can force me to have
> contact with a person I wish not to, and at the same token
> force my children to have visitation rights when they have
> told this person they wish no contact on several occasions,
> face to face, and over the phone, and to the childrens
> lawyer (the lawyer was a requirement and appointed by the
> courts) repeatedly. The judge has been told, by me and by
> the kids lawyer, that they wish no contact, but it doesn't
> seem to matter.
>
>
> What are my rights, and is it legal for any Tom, Dick or
> Harry to request visitation through the courts. If the
> judge orders family therapy sessions to see what is in the
> childs best interest, am I forced to pay? If I do not have
> coverage, but am still forced to go to sessions, who is
> responsible for the bill?
>
> Any help or suggestions as to where to get any info on
> visitation rights that do not involve a parent or
> grandparent would be most appreciated!

I'll look up NY law when I have time tomorrow. However,
Troxel v. Granville was a case based on Wash. state law that
concerned a case where the grandparents son died and the
mother had sole custody. The son's parents sued for
visitation rights of their grand daughter.

If I understand correctly, in your case, both biological
parents are living together as a family and still married.
Courts always consider the best interest of a child but must
also observe the constitutional rights of the parents to
raise their child without undue interference.

If the person in your case had a significant role in the
upbringing of the child (if they had custody for years before
you resumed custody) and a meaningful bond had formed that
would cause the child trauma if severed, an argument could be
made for continued visits. But it would a weak case.

Off-hand I see little possibility that a court could force
you to share custody or grant visitation without a compelling
case for the child's best interest. The interest of the
party seeking visitation is of absolutely no consequence in
determining visitation.

As for court ordered sessions in the interest of the child;
Yes, you would normally be responsible to pay the cost of a
court ordered treatment/counseling program.