Legal Opinion
Morgan v. Grzesik
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2001PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE.COURT
WlSNER, J.
Family Court granted petitioner visitation with her grandchildren pursuant to Domestic Relations Law § 72 despite the opposition of respondent parents. On this appeal, we are asked to determine the constitutionality of Domestic Relations Law § 72 in light of the United States Supreme Court’s decision in Troxel v Granville (530 US 57). Troxel held that, under the Due Process Clause of the Fourteenth Amendment of the US Constitution, there is a presumption that a fit parent’s determination regarding visitation is in the best interests of the child and that, if that…
2Cases cited2 opinions
- Troxel v. GranvilleSupreme Court of the United States · 2000
- Emanuel S. v. Joseph E.New York Court of Appeals · 1991
3Cited by20 opinions
- Thomas Garcia v. Hazel Lewis, Superintendent, Hale Creek Correctional FacilityCourt of Appeals for the Second Circuit · 1999
- E.S. v. P.D.New York Court of Appeals · 2007
- Hilgenberg v. HertelAppellate Division of the Supreme Court of the State of New York · 2012
- Hertz v. HertzAppellate Division of the Supreme Court of the State of New York · 2002
- Lynda D. v. Stacy C.Appellate Division of the Supreme Court of the State of New York · 2007
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