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Overview AI Webinar Summary

Grandparent Rights in Family Law

This CLE program provides an in-depth analysis of custody and visitation issues for grandparents. The webinar examines the societal context and policy considerations underlying grandparent visitation rights, explains the main U.S. Supreme Court decision in this area (Troxel v. Granville), and discusses the factors that trial courts often consider in these cases before exploring a variety of state statutes and case law. This program is designed to equip family law practitioners with practical knowledge and strategic insights for effectively handling grandparent custody and visitation disputes.

Duration of this webinar: 60 minutes

Originally broadcast: April 3, 2026 9:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

The speaker, Mike K. Goldberg, is introduced, noting his extensive experience in grandparent visitation cases. Mike shares his background, mentioning his unique perspective as a healthcare attorney with significant experience in grandparent visitation. He aims to equip attendees with the ability to handle grandparent visitation cases from both the parent and grandparent perspectives.

05:56 Grandparent Visitation Legal Framework

Mike discusses the landmark Troxel case, emphasizing its significance in grandparent visitation law. He describes the broad Washington State statute that favored grandparent visitation, which Troxel challenged. He explains that Troxel set a higher standard than the best interest of the child, focusing on parental rights. The case highlighted demographic changes and the evolving role of grandparents in family dynamics. Mike notes that Troxel is a critical reference in grandparent visitation cases across various states.

14:13 Factors Influencing Visitation Decisions

The discussion continues on the factors influencing grandparent visitation decisions, emphasizing the importance of parental rights. The relationship history between the grandparent and child is crucial in determining visitation rights. Mike stresses the importance of good faith in seeking visitation and the potential impact of family dynamics. He explains the significance of the child's living arrangements and the frequency of contact with the grandparent.

22:05 Challenges in Grandparent Visitation Cases

Mike discusses the challenges in grandparent visitation cases, particularly when both parents oppose visitation. He highlights the importance of understanding the parents' stance and the potential barriers to visitation. He notes that many states have adjusted their standards to align with Troxel, requiring a higher threshold than the best interest standard. The discussion underscores the complexity of navigating grandparent visitation cases amidst family dynamics.

30:23 State-Specific Visitation Standards

The discussion shifts to state-specific visitation standards, highlighting variations in legal requirements across states. Mike explains the elevated standards required in many states, focusing on harm rather than best interest. He contrasts Illinois' approach with Nebraska and Tennessee, noting differences in legal language and requirements. The role of affidavits and expert testimony in demonstrating harm is discussed. Mike emphasizes the presumption in favor of parental decisions and the challenges in overcoming this presumption.

49:49 Role of Guardian ad Litem and Temporary Visitation

Mike discusses the role of the Guardian ad Litem (GAL) in grandparent visitation cases. He explains the potential benefits and drawbacks of involving a GAL, particularly regarding case delays. The possibility of temporary visitation is explored, with Mike advocating for it to emphasize the importance of the relationship. He advises against representing both the grandparent and their child due to potential conflicts of interest.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Michael K. Goldberg Managing Partner
Goldberg Law Group, LLC

Michael “Mike” K. Goldberg received his Juris Doctorate in 1992 from the University of Illinois College of Law. He received his Bachelor of Arts Degree in Economics from the University of Illinois-Urbana, where he also played hockey for the Fighting Illini. In 1992, Mike joined the Cook County State's Attorney’s Office where he prosecuted criminal matters for five years. As an Assistant State's Attorney, Mike tried twelve jury trials and numerous bench trials. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 2, 2031

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 2, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 2, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: April 2, 2027

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: April 2, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 31, 2027

Vermont CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 3, 2031

West Virginia CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one hour of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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