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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Tuesday, June 3, 2025

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide family law attorneys through disputes over the rights of nonparents--frequently grandparents--to maintain a relationship with children after a divorce or death of the parent or the adoption of a grandchild. The panel will explore litigation strategies and proactive steps to protect child and grandparent rights.

Faculty

Michael K. Goldberg
Managing Partner
Goldberg Law Group, LLC

Mr. 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, Mr. Goldberg joined the Cook County State's Attorney’s Office where he prosecuted criminal matters for five years. As an Assistant State's Attorney, he tried twelve jury trials and numerous bench trials.

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Ben J. Peek
Goldberg Law Group, LLC
Connor D. Emmerich
Goldberg Law Group, LLC

Description

The relationship between grandparents and grandchildren can be healthy, positive, and important. The Supreme Court case of Troxel v. Granville holds that the "fundamental right of parents to rear their children" includes the ability to manage the grandchild/grandparent relationship. This ruling strengthens parents' ability to exclude a grandparent.

The two most common situations arise when a child's parent dies, or the parents divorce, and the surviving or custodial spouse may cut off the grandparent relationship. The issue also occurs when the grandchild is adopted. In extreme instances, living and married parents may refuse a connection between their child and the grandparents.

Expensive litigation is inevitable when the parties are wedded to emotionally driven positions.

Grandparents can control some variables if litigation results. Courts consider the existing relationship and value a long-term, loving relationship. In a problem situation, the grandparent should continue efforts to stay in touch with the child, such as mailing cards and gifts, and keep a record of attempted contact with the grandchild.

Listen as the panel discusses this legally evolving issue and provides valuable guidance in responding to client concerns.

Outline

  1. Legal bases of grandparents and nonparent rights
    • Constitutional issues (Troxel v. Granville)
    • State statutes
      • Types of rights granted
      • Interaction with Troxel
    • Significant case law
  2. Proactive steps
    • Legal drafting
    • Prenuptial
    • Divorce
    • Estate
  3. Relationship maintenance
  4. Litigating the issue
    • Evidence issues
    • Influencing judicial discretion

Benefits

The panel will review these and other high priority matters:

  • Constitutional issues relating to grandparents' rights
  • Interpretation of state statutes in light of constitutional issues
  • Steps to preserve and protect grandparents' rights