Lake George, NY asked in Family Law and Child Custody for New York

Q: I am a grandfather Pro Se. I was asked to write Case Law. I'm not fluent with this. Help! Thank you.

My Son is trying to stop visitation. His Ex-Girlfriend will allow me to see my Grand-Daughter. I am the only blood Grandparent. This is in NYS. I raised this child for the most part. Ex's Lawyer said I was doing a good job in Court. Is Case Law about my case, or, do I compare it to another case? I've been reading a lot on the subject. My head is swimming. Where do I find or identify a similar case with a good outcome? Judge met with my Grand-Daughter 3/15/22.

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: We here cannot participate in the conduct of any asker’s case because we are not the attorney of record. We know none of the facts and none of the procedural history.

We can say that there is precious little case law on grandparent visitation (FCA §651(b)) because most such cases end in a settlement that cannot go on appeal to be reported. For the few that do exist, they tend to support the supremacy of the parent, and not the grandparent.

Perhaps the asker should rely more on the facts and not caselaw in preparing whatever writing he says he must file. We here never heard of a writing called a “case law,” but maybe the asker should retain counsel to better understand the processes taking place in court to maximize his chances of success.

Also, maybe the asker should make amends with his son to make the case go away. What the ex’s lawyer says is totally irrelevant to the visitation proceeding.

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