Barzee v. Barzee

OPINION OF THE COURT

Raymond J. Barth, J.

The above-captioned matter was commenced by the filing of a petition and order to show cause on May 11, 1983, wherein the petitioner, the paternal grandfather of the subject child, sought visitation rights with the child.

On June 13, 1983, the respondent moved to dismiss the petition upon the ground that “the only procedural remedy available to grandparents for visitation rights is by a writ of habeas corpus” not by petition and order to show cause. The court reserved decision and directed that legal memoranda be submitted to the court within 10 days.

Sect…