Third Party Visitation Statutes: Society’s Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute

Authors

Beth Sherman, Benjamin N. Cardozo School of Law

Abstract

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of the Troxeldecision on New York third party visitation cases, and the likelihood that, if challenged, New York’s current nonparental visitation statutes would survive constitutional review. Finally, section five argues that mediation can only truly reduce the legal and emotional conflicts that exist over third party visitation if third parties are first provided with statutory standing.

Disciplines

Dispute Resolution and Arbitration | Law

Recommended Citation

Beth Sherman, Third Party Visitation Statutes: Society’s Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, 4 Cardozo J. Conflict Resol. (2002).
Available at: https://larc.cardozo.yu.edu/cjcr/vol4/iss1/3