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Grandparent Visitation

Below was a recent Press Release related to one of Mr. Nordini's recent cases.

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Supreme Court Case preventing Grandparent Visitation is challenged by Arizona Family Law Paul Nordini (For immediate Press Release).

The United States Supreme Court dealt a serious blow to grandparents hoping to have or keep a relationship with their grandchildren.  In Troxel v. Granville, 530 U.S. 57, 65 (2000)  the Supreme Court held that a parent's right to care, custody, and control of a child is a fundamental liberty interest and their decision to keep their children away from a grandparent should be given special weight.

This decision hurt grandparent visitation rights across the United States and many statutes were amended to adjust for the Court's ruling.

Recently, however, attorney Paul Nordini opted to jump into a pending family law case with just days until the trial, and effectively argued that the rulings in the Troxel case along with the follow-up 2016 Arizona case of Goodman v. Forsen, 239 Ariz. 110 (Ariz. Ct. App. 2016), which gave a parent "robust" deference in their parenting decisions did not apply when two parents had conflicting desires for their children.  In other words, when one parents does not allow the children to see their grandparents, and the other parent desires the grandparent contact, the law preventing the contact does not apply.

Nordini argued that in both the Troxel case and in the Goodman case, one of the parents had died prior to litigation.  In Troxel, the other parent had previously committed suicide and in Goodman, the other parent's rights had been previously terminated by the Court. 

The case remains under advisement.

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