Mandated Visitation with Grandparents in Intact Families: The Need for Reform

Abstract:     
The 1960’s and 1970’s saw an increase in instances of divorce in American society, which correspondingly led to a push for grandparent’s rights. This is move away from legal formalism and toward acknowledgment of psychological and emotional ties. New York permits grandparents to seek visitation under Section 72 of the Domestic Relations Law. However, when legal status is accorded to a non-parent, the courts override the right of the parents to decide what is in the best interest of the child, which leads to litigation from parents.

This article provides background into the current law and how it came to be. It also suggests legal measures that could strengthen the law and reduce the risk of expensive litigation.

Number of Pages in PDF File: 7

Keywords: grandparent's rights

Accepted Paper Series