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Author Topic: Grandparent Visitation Rights New Issue in Sean Goldman Case  (Read 12962 times)

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Offline sue

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #15 on: October 14, 2012, 11:06:25 PM »
Does anyone know what has happened with this?
 

Offline alexeimichailowsky

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #16 on: November 13, 2012, 05:45:38 PM »
If nothing has been published by the Brazilian press ever since, that might be good news. Nona definitely loves highlights and her friends in the press can easily provide them.
There has been a strange silence for some months...

Offline coachk

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #17 on: December 13, 2012, 07:57:09 AM »
Update on this? Did she see Sean?

Offline Bree

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #18 on: December 23, 2012, 04:45:10 PM »
Was there another hearing?  According to the article (in the first post), the court only ruled that she could appeal the ruling, not that she should be given visitation. 

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  According to a new ruling from a state appeals court, Seanís grandmother should have the chance to argue in court for visitation rights with her grandson, overturning a lower courtís previous decision to deny any custody claims. As NECN reports, the court said in a decision made public this week that Silvana Bianchi Ribeiro, the 12-year old boyís maternal grandmother, is allowed to pursue her claim that terminating her relationship with her grandson would harm him. The grandmother, who still lives in Brazil, wants a formal visitation plan put in place.
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline sara

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #19 on: December 24, 2012, 02:14:23 PM »
Was there another hearing?  According to the article (in the first post), the court only ruled that she could appeal the ruling, not that she should be given visitation.

Is this from a newer article?  Does this mean that Silvana has been granted a trial to gain access/visitation with Sean?  Based on the NJs GVA (info below), I can't imagine she will get anything, however, I'm surprised and shocked that she has gotten as far as she has already. 

How can anything about that woman be in good faith and/or the best interest of Sean?  Seriously....

According to family law statute N.J.S.A. 9:2-7.1, grandparents residing in the state have the right to seek an order for visitation rights with their grandchildren. However, in filing an application with the court to establish this visitation, the burden falls upon the grandparent to prove that visitation is in the best interests of the child. The statute lists eight factors for the court to consider in reaching its decision:

1. The relationship between the child and the applicant;
 2. The relationship between each of the childís parents or the person with whom the child is residing and the applicant;
 3. The time which has elapsed since the child last had contact with the applicant;
 4. The effect that such visitation will have on the relationship between the child and the childís parents or the person with whom the child is residing;
 5. If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
 6. The good faith of the applicant in filing the application;
 7. Any history of physical, emotional or sexual abuse or neglect by the applicant; and
 8. Any other factor relevant to the best interests of the child.

Offline Bree

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #20 on: December 26, 2012, 12:17:49 AM »
That was from the first post (article posted) in this thread.  It doesn't mean she has been granted a trial, only the chance to appeal the judges ruling.  A judge could deny her appeal (fingers crossed). 
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline sue

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #21 on: December 26, 2012, 12:07:38 PM »
They do not reside in NJ so I don't see how she has any right at all to appeal this. 

Offline sara

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #22 on: January 12, 2013, 07:24:46 AM »
They do not reside in NJ so I don't see how she has any right at all to appeal this.

A grandparent does not have to live in the same state where the law exists.  Therefore, if Silvana has her day in court, she has a chance to "win" what she wants.

Offline sue

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #23 on: January 13, 2013, 10:25:27 AM »
In your first post it states that the grandparents need to reside in the state.  I don't understand how they can file for this if they live in Brazil and do not reside in NJ.

Offline lovellboys

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #24 on: January 15, 2013, 09:32:28 PM »
I honestly just noticed that!  They seem to be able to file anything for any reason.   It's been pretty quiet though....I hope that's a good thing.

Offline Bree

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #25 on: January 16, 2013, 12:30:14 AM »
A grandparent does not have to live in the same state where the law exists.  Therefore, if Silvana has her day in court, she has a chance to "win" what she wants.


That was my thought too, but
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According to family law statute N.J.S.A. 9:2-7.1, grandparents residing in the state have the right to seek an order for visitation rights with their grandchildren.
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline AnotherDad

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Re: Grandparent Visitation Rights New Issue in Sean Goldman Case
« Reply #26 on: January 16, 2013, 06:26:55 PM »
Surely there's more to it than that or they wouldn't have let her get this far, don't you think?