To: The Nebraska State House, The Nebraska State Senate, and Governor Pete Ricketts
Grandparents Rights In Nebraska
To modify the Nebraska laws as they pertain to Grandparents' Rights so that grandparents may petition the courts for visitation regardless of the parents' marital status.
Why is this important?
My name is Tammy Timm and I am urging the Nebraska legislature to revise the grandparent rights statute in Nebraska. (Nebraska Revised Statute 43-1802) While Troxel V. Granville addressed the weight that should be given to fit parents as it pertains to their ability to raise their children, it did not address the legalities of who has standing to bring suit in such cases.
The Nebraska statute currently states that grandparents have standing to file for visitation rights if the parents have started the process of, or are divorced, if one parent is deceased, or if the parents were never married and paternity has been established. It does not, however, take into consideration the rights of grandparents (as legally defined in Nebraska Revised Statute 43-1801) whose children are married, yet separated, and may never decide to start divorce proceedings.
In the Nebraska State Constitution Article I-3, it states that "No person shall be deprived of life, liberty, or property, without due process of law, NOR BE DENIED EQUAL PROTECTION OF THE LAWS." (ALL CAPS added for emphasis.)
Given this, it seems to me that the wording of the grandparent rights statute does not fully give equal protection. Grandparents who meet the current criteria can begin the process to protect, via the law, the relationship that they have with their grandchildren, while other grandparents who do not meet these criteria, are being denied that same protection.
Nebraska has the right, and the duty, to see that all of it's citizens are treated equally under the law. One can not provide relief under the law for one set of grandparents while denying a subset within that same group, equal relief. Especially if each set has equally maintained a legitimate relationship with the child, and in some cases, if the excluded subset has played closer to a parental type role with the grandchild, above and beyond what those who are currently protected have done.
I am not asking that we seek to overturn the Supreme Court decision regarding how judges must weigh grandparent rights against the rights of fit parents to make decisions about the raising of their children. I am merely asking that Nebraska gives equal access and protection to all grandparents, at a minimum, so they may present their case to the court for a decision. I believe that this can be achieved by making a revision which eliminates wording that divides grandparents into subsections based on the martial status of their children, which is well within the rights of the Nebraska legislature to do.
If interested, you will see my personal story below.
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While the focus is on providing legal protection to all, here is my personal story, which was what led me to get interested in grandparent rights:
In my personal case, I have always had a significant relationship with my grandson. He is 17 months old currently and I have never gone longer than a week without seeing him (until recently), he has lived with me without his parents being here, lived with me with his parents being here, I have provided financially for his needs when his parents were unable to do so, I have taken him to medical appointments, but most importantly I have always provided him with a loving relationship that was stable.
The parents separated and after a visit with the father, he refused to return the child to the mother and cut off contact with her. Shortly after that, he agreed in writing, to allow me a visit with my grandson. Then a few days after that, he also cut off all contact with me, leaving me without the visitation he had agreed to. Neither parent has started divorce proceedings, nor does it appear that either will in the near future. Now, every day that goes by where I have no legal recourse is a day he can use against me as not having an ongoing relationship with the child, thereby hindering my ability to be granted visitation rights in the future, should legal recourse become available to me.
My sole interest is in what is best for the child, and it would seem, that given the chaos surrounding his parents current situation, which is between the two of them and something I don't wish to be in the middle of, that continuing a personal relationship with someone who has been a significant, stabilizing, positive individual in his life, would be in his best interests. I am only asking for the legal opportunity to present those facts in a court of law.
**UPDATE - My grandson was returned to my daughter and I paid for the attorney to file for divorce. I now have an ongoing relationship with my grandson. I would like to help others. If you are in the Nebraska or nearby surrounding areas, please visit our FB page https://www.facebook.com/NEgrandparents/
The Nebraska statute currently states that grandparents have standing to file for visitation rights if the parents have started the process of, or are divorced, if one parent is deceased, or if the parents were never married and paternity has been established. It does not, however, take into consideration the rights of grandparents (as legally defined in Nebraska Revised Statute 43-1801) whose children are married, yet separated, and may never decide to start divorce proceedings.
In the Nebraska State Constitution Article I-3, it states that "No person shall be deprived of life, liberty, or property, without due process of law, NOR BE DENIED EQUAL PROTECTION OF THE LAWS." (ALL CAPS added for emphasis.)
Given this, it seems to me that the wording of the grandparent rights statute does not fully give equal protection. Grandparents who meet the current criteria can begin the process to protect, via the law, the relationship that they have with their grandchildren, while other grandparents who do not meet these criteria, are being denied that same protection.
Nebraska has the right, and the duty, to see that all of it's citizens are treated equally under the law. One can not provide relief under the law for one set of grandparents while denying a subset within that same group, equal relief. Especially if each set has equally maintained a legitimate relationship with the child, and in some cases, if the excluded subset has played closer to a parental type role with the grandchild, above and beyond what those who are currently protected have done.
I am not asking that we seek to overturn the Supreme Court decision regarding how judges must weigh grandparent rights against the rights of fit parents to make decisions about the raising of their children. I am merely asking that Nebraska gives equal access and protection to all grandparents, at a minimum, so they may present their case to the court for a decision. I believe that this can be achieved by making a revision which eliminates wording that divides grandparents into subsections based on the martial status of their children, which is well within the rights of the Nebraska legislature to do.
If interested, you will see my personal story below.
~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~
While the focus is on providing legal protection to all, here is my personal story, which was what led me to get interested in grandparent rights:
In my personal case, I have always had a significant relationship with my grandson. He is 17 months old currently and I have never gone longer than a week without seeing him (until recently), he has lived with me without his parents being here, lived with me with his parents being here, I have provided financially for his needs when his parents were unable to do so, I have taken him to medical appointments, but most importantly I have always provided him with a loving relationship that was stable.
The parents separated and after a visit with the father, he refused to return the child to the mother and cut off contact with her. Shortly after that, he agreed in writing, to allow me a visit with my grandson. Then a few days after that, he also cut off all contact with me, leaving me without the visitation he had agreed to. Neither parent has started divorce proceedings, nor does it appear that either will in the near future. Now, every day that goes by where I have no legal recourse is a day he can use against me as not having an ongoing relationship with the child, thereby hindering my ability to be granted visitation rights in the future, should legal recourse become available to me.
My sole interest is in what is best for the child, and it would seem, that given the chaos surrounding his parents current situation, which is between the two of them and something I don't wish to be in the middle of, that continuing a personal relationship with someone who has been a significant, stabilizing, positive individual in his life, would be in his best interests. I am only asking for the legal opportunity to present those facts in a court of law.
**UPDATE - My grandson was returned to my daughter and I paid for the attorney to file for divorce. I now have an ongoing relationship with my grandson. I would like to help others. If you are in the Nebraska or nearby surrounding areas, please visit our FB page https://www.facebook.com/NEgrandparents/