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From GrandparentVisitationBlog.com by Grant D. Griffiths, Attorney at Law
June 09, 2006
Nebraska Upholds Grandparent Visitation Statute
The
Nebraska Supreme Court has upheld the constitutionality of its
grandparent visitation statutes and affirmed a trial court's award of
visitation to the children's paternal grandparents. Under the Nebraska
grandparent visitation statutes, grandparents can seek visitation only
under certain circumstances: if the grandchild’s parent or parents are
deceased, divorced or in the process of seeking a divorce, or have
never been married but paternity has been legally established.
Moreover, a court is without authority to order grandparent visitation
unless a petitioning grandparent can prove by clear and convincing
evidence that (1) there is, or has been, a significant beneficial
relationship between the grandparent and the child; (2) it is in the
best interests of the child that such relationship continue; and (3)
such visitation will not adversely interfere with the parent-child
relationship. The court concluded that these statutes are narrowly
drawn and explicitly protect parental rights while taking the child’s
best interests into consideration so as to withstand strict scrutiny.
Hamit v. Hamit, 271 Neb. 659 (June 2, 2006)
Source for Post: Family Law Prof Blog
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