N. Dakota judge’s unusual ruling on grandparent visitation shocks attorneys, including Kaine Fisher, Chairman Rose Law Group Family Law Department

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In a ruling that defied predictions made by family law attorneys, a Grand Forks judge has upheld his decision to allow a 16-year-old girl free rein to visit her grandparents at any time, over the objections of her parents.

“This case has created an enormous amount of stress,” Cory Bjerke said in a statement with his partner, Naomi Sterf, the children’s mother.

Bjerke and Sterf are being sued by Cory’s parents for court-ordered time with the grandchildren.

“Our kids have two other sets of grandparents who were never considered in this case … [who] have a decent, respectful, loving relationship with all of us, and who are appalled at the thought that one would sue their own child,” Bjerke and Sterf said.

Statement by Kaine Fisher, chairman of Rose Law Group Family Law: Undeniably there is a constitutional right for biological parents to raise their children as they see fit. All across the country, states are chipping away at this constitutionally protected right piece by piece in the context of grandparent visitation. Generally, I think it is important for grandparents to have an important role in their grandchildren’s lives. But I think this goes too far. Not to mention I think it is wholly improper for a judge to give a teenager the sole discretion to decide what he or she wants to do or with whom he or she wants to spend time. This is gravely concerning, and I certainly hope the Arizona lcourt system does not begin adopting the same approach.

Continued:

Related: What are grandparents’ rights?

If you’d like to discuss family law, contact with Kaine Fisher, chairman of Rose Law Group Family Law Department, kfisher@roselawgroup.com.

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