Nassau

Published on: January 26, 2012

Court Rules on Grandparent Rights Issue

by Stephen Bilkis

In a relationship that ended in June 1991, Tommie Granville and Brad Troxel had two daughters, Isabelle and Natalie. The two never married, mentioned a New York Family Lawyer. Jenifer Troxel and Gary Troxel are Brad’s parents, making them the paternal grandparents of Isabelle and Natalie. Even after the separation and since Brad lived with his parents, he had taken his kids at his house over the weekend to visit. In May 1993, Bad had committed suicide, ending his life. After the death of their son, Mr. and Mrs. Troxel still saw their grandchildren regularly. By October 1993, Ms. Granville told them that she wanted to limit their visit to her daughters to just one short visit per month.

It was December 1993 when Mr. and Mrs. Troxel filed a petition to get visitation to their granddaughters. What they asked for was two weekends of overnight visitation per month and two weeks of visitation each summer. Ms. Granville said she was not against them visiting her children, but the length of the visits and how often is the one that she wanted to limit. A Nassau County Family Lawyer said, Ms. Granville wanted the visit to be once a month only and just for the whole day with no overnight visits. The Superior Court issued an order for visitation one weekend per month, one week during the summer, and four hours on both petitioning grandparents’ birthdays.

Ms. Granville, at this time already married to Kelly Wynn, filed an appeal with the court. The Court of Appeals sent the appeal back to the Superior Court. Their decision was that the visits were beneficial to the children, Isabelle and Natalie. They considered the standing of Mr. and Mrs. Troxel as part of a large, central, loving family, in an area that will give the children access to their cousins and music. They said that the children should also spend time with their step father’s six other children with their mother and step father.

Published on: January 24, 2012

Court Decides Parental Rights for Same Sex Couple

by Stephen Bilkis

Two female partners, jointly entered into a sperm donation agreement with the sperm donor. In the agreement, both were described as “recipient,” “mother” and “co-parent” from what a New York Family Lawyer found out. The agreement had removed all the rights of the sperm donor with the rearing of the child and that the co-parents will be the one responsible for any decision regarding the child. The agreement also had a provision that if in case, the mother of any of the child or children can no longer take care of them because she was deceased or legally disabled, it is in the child’s best interest to be with the co-parent.

A Nassau County Family Lawyer said that in the agreement, the mother is the one who conceives and gives birth to the child. The recipient is the one who receives the sperm. The co-parent is the one who agreed to be the parent of the child but did not give birth to them. The two women were to be “psychological parents” to any child or children whom they may have.

One gave birth to a child as a result of the sperm donation. The two signed another agreement, which said that it was a joint decision to conceive. They agreed to both share in the financial responsibility of raising the child as well as equally share in providing for the child until it reaches the age of maturity. Even if one was not a natural parent, she has assumed the role as one. She was part of the pre-natal phases and plans to be part of the child’s life as a parent. A Nassau County Child Support Lawyer read that even if they no longer live together, the agreement as to how to take care of the child will remain intact. The gave each other authority to make decisions regarding the child’s medical and dental health.

Published on: January 23, 2012

Court Denies Proposed Relocation of Parent

by Stephen Bilkis

A mother had filed an appeal against an order that disallows her to move to Texas with her two children. The mother had two sons with the father. They were born three years apart, said a New York Family Lawyer. Almost five years after the youngest was born, the parents divoced. In the final judgment for the dissolution of marriage, the court had them share parental responsibility. The custody of the children was given to the mother, with the father getting liberal visitation. The decision specifically said that the visitation is at least one night in a week plus every other weekend. A restriction on the relocation of the mother and the children was not provided in the decision.

The mother and her new husband lives in Texas with his son. They met when he was assigned in their area for an extended period. About a year and three months after the dissolution of the marriage was finalized, the mother filed a petition to change the visitation provisions because she will be marrying her new husband, and they would be moving to Texas. The father filed a case with the court asking for an injunctive relief. A Nassau County Family Lawyer said this was to prevent the mother from moving the children to Texas. It was granted by the court.

A final hearing was done in November 2004 where the new husband, the mother and the father testified. The new husband said he was a right-of-way agent for the oil and gas industry. According to him, he earns about $70,000 to $90,000 per year, his line of work though is not open in the current State. The mother’s testimony mentioned the benefits of moving the children to the smaller community of Ponder, Texas. She said her new husband has a new 3000-square-foot home and that there was a public school nearby. According to a Nassau County Child Support Lawyer, the mother testified she was currently earning $58,000 per year, and can be promoted in her current employment. Once they move, she planned to be a stay at home mother, but if necessary, she could find a comparable employment in Texas. Although she does not have family in Texas, they are just two and a half hours away in Oklahoma. The father said he works nights, from eleven in the evening to half past seven in the morning. According to him, if he missed any scheduled visitation, it was because of work. Their normal activity of boating, fishing, bowling and other recreational stuff often include the children’s paternal grandparent, aunts, uncles and cousins.