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Grandparent and Nonparent Custody and Visitation After Divorce or Death

Litigation Strategies and Proactive Steps to Protect Rights

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 3, 2025 (in 13 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
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This CLE course will guide family law attorneys through disputes over the rights of nonparents--frequently grandparents--to maintain a relationship with children after a divorce or death of the parent or the adoption of a grandchild. The panel will explore litigation strategies and proactive steps to protect child and grandparent rights.

Description

The relationship between grandparents and grandchildren can be healthy, positive, and important. The Supreme Court case of Troxel v. Granville holds that the "fundamental right of parents to rear their children" includes the ability to manage the grandchild/grandparent relationship. This ruling strengthens parents' ability to exclude a grandparent.

The two most common situations arise when a child's parent dies, or the parents divorce, and the surviving or custodial spouse may cut off the grandparent relationship. The issue also occurs when the grandchild is adopted. In extreme instances, living and married parents may refuse a connection between their child and the grandparents.

Expensive litigation is inevitable when the parties are wedded to emotionally driven positions.

Grandparents can control some variables if litigation results. Courts consider the existing relationship and value a long-term, loving relationship. In a problem situation, the grandparent should continue efforts to stay in touch with the child, such as mailing cards and gifts, and keep a record of attempted contact with the grandchild.

Listen as the panel discusses this legally evolving issue and provides valuable guidance in responding to client concerns.

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Outline

  1. Legal bases of grandparents and nonparent rights
    1. Constitutional issues (Troxel v. Granville)
    2. State statutes
      1. Types of rights granted
      2. Interaction with Troxel
    3. Significant case law
  2. Proactive steps
    1. Legal drafting
    2. Prenuptial
    3. Divorce
    4. Estate
  3. Relationship maintenance
  4. Litigating the issue
    1. Evidence issues
    2. Influencing judicial discretion

Benefits

The panel will review these and other high priority matters:

  • Constitutional issues relating to grandparents' rights
  • Interpretation of state statutes in light of constitutional issues
  • Steps to preserve and protect grandparents' rights

Faculty

Emmerich, Connor
Connor D. Emmerich
Attorney
Goldberg Law Group

Mr. Emmerich is committed to representing healthcare providers in professional, regulatory, and transactional matters...  |  Read More

Goldberg, Michael
Michael K. (Mike) Goldberg
Managing Partner
Goldberg Law Group

Mr. Goldberg received his Juris Doctorate in 1992 from the University of Illinois College of Law. He received his...  |  Read More

Peek, Ben
Ben J. Peek
Attorney
Goldberg Law Group

Mr. Peek advises and represents providers and corporate clients in health care, administrative, cannabis, and...  |  Read More

Attend on June 3

Cannot Attend June 3?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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