DOCUMENT RESUME ED 236 515 CG 017 067 TITLE Grandparents: The Other Victims of Divorce and Custody Disputes. Hearing before the Subcommittee on Human Services of the Select Committee on Aging. House of Representatives, NinetySeventh Congress, Second Session (December 16, 1982). INSTITUTION Congress of the U.S., Washington, D.C. House Select Committee on Aging. REPORT NO House-97-372 PUB DATE 82 NOTE 130p. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MFOIYPC06 Plus Postage. DESCRIPTORS *Divorce; *Federal Legislation; *Grandchildren; *Grandparents; Hearings IDENTIFIERS *Child Custody; Congress 97th; Visitation Rights ABSTRACT This document presents the transcripts from the congressional hearing which addressed four basic issues: (1) visitation rights of grandparents following divorce and custody settlements; (2) the enactment of a federal law to guarantee these rights in the eight states which have no laws; (3) the necessity of a federal law to bring uniformity to-the various state laws covering grandparent visitation rights; and (4) the equality of protection for grandparents under existing state laws. Following the opening statents of the members of the subcommittee, the discussions of the ' three panels comprising the hearings, are presented: the panel on social issues (includes testimony from the founders of grandparent's rights groups); the psychiatric viewpoint panel; and the legal viewpoint panel. The appendix includes prepared statements from Doris Jonas Freed, chairperson, Coinmittee on Child Custody Section of Family Law, American Bar Association, and Bettie J. LaMotte, grandmother. (WAS) ********************************************************************-*** * Reproductions supplied by EDRS are the best that can be made f * from the original document. ___ , * ********************************************************************** GRANDPARENTS: THE OTHER VICTIMS OF DIVORCE AND CUSTODY DISPUTES HEARING BEFORE THE SUBCOMMITTEE ON HUMAN SERVICES .4' THE SELECT COMMITTEE ON AGING HOUSE OF REPRESENTATIVES NINETY-SEVENTH CONGRESS SECOND SESSION DECEMBER 16, 1982 Printed for the use of the Select Committee on Aging Comm. Pub. No. 97-372 U.S. DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EDUCATION EDUCA.:-ONAL. f3FSOUPCES INFC)PMAIION LENT DI FRICJ s.,1( LcT,nt orgor,.17,,1 ,,I)111.1:111,1 r.;)r,o !Iv Pur,It, of th, U.S. GOVERNMENT PRINTING OFFICE 1E-112 O WASHINGTON :1983 SELECT COMMITTEE ON AGING ('LAUDE PEPPER, Florida,Chairman EDWARD R. ROYBAL California MATTIIEW J. RINALDO, New Jersey MARIO BIAGGI. New York Ranking Minority Member IKE ANDREWS, North Carolina WILLIAM C. WAMPLER, Virginia JOHN L, BURTON, California JOIIN PAUL. HAMMERSCHMIDT, Arkansas DON RONKEII, Washington MARC L. MARKS,Pennsylvania THOMAS J. DOWNEY, New York RALPH REGULA, Ohio JAMES J. FLORIO, New Jersey HAROLD C. HOLLENBECK, New Jersey HAROLD E. FORD, Tennessee NORMAN D. SHUMWAY, California WILLIAM J. HUGHES,New Jersey OLYMPIA J. SNOWE, Mairie MARILYN LLOYD BOUQUARD, Tennessee DAN LUNGREN, California .1IM SANTINI, Nevada MILLICENT FENWICK, New Jersey DAVID W. EVANS, Indiana JAMES M. JE,21FORDS, Vermont STANLEY N. LUNDINE, New York THOMAS J. TAUKE, Iowa MARY ROSE OAKAR, Ohio THOMAS E. PETRI, Wisconsin TIIOMM.I A. LUKEN, Ohio JUDD GREGG, New Hampshire GERALDINE A. FERRARO, New York DAN COATS, Indiana BEVERLY B. BYRON, Mar: land GEORGE C.. WORTLEY, New York WILLIAM Tt. RATCHFORD, Connecticut IIAL DAUB, Nebraska DAN MICA. Florida 1LARRY E. CRAIG, Idaho HENRY A WAXMAN, California PAT, ROBERTS, Kansas MIKE SYNAR, Oklahoma BILL HENDON, North Carolina, EUGENE V. ATKINSON, Pennsylvania GREGORY W. CARMAN, New York BUTLER DERRICK, South Carolina COOPER EVANS, Iowa BRUCE F. VENTO, Minnesota MARGARET M. HECKLER, Massachusetts BARNEY FRANK, Massachusetts TOM LAN-COS, California BOB SI1AMANSKY, Ohio RON I.VYDEN, Oregon DONALD JOSEPII &POSTA, Michigan GEO. W. CROCKETT, Ja., Michigan WILLIAM 1111.1, BONER, Tennessee CHARLES H. EDwAlthSIII, Chief of Staff Yoser J. RIEMen.Deputy Chief of Staff JAstss A. BRENNAN,Assistant to the Chairman PAUL SCHLEGEIMi.-writ' Stuff Director SUBCOMMITTEE ON HUMAN SERVICES 1 MARIO BIAGGI, New York,Chairman JAMES J. FLORIO, New Jersey MATTHEWJ. RINALDO, New Jersey WILLIAM .1. HUGHES, New Jersey Ranking Minority Member STANLEY N, LUNDINE, New York JOHN PAUL HAMMERSCHMIDT, Arkansas BRUCE F. VENTO, Minnesota NORMAN D. SHUMWAY, California DONALD JOSEPH ALBOSTA, Michigan OLYMPIA .1. SNOWE, Maine GERALDINE A. FERRARO, New York DAN LUNGREN, California WILLIAM R. RATCHFORD, Connecticut THOMAS J. TAUKE, Iowa GEO. W. CROCKE1T, Ja., Michigan THOMAS E. PETRI, Wisconsin WILLIAM HILL BONER, Tennessee LARRY E. CRAIG, Idaho Roma B. BIANCATO,Majority Staff Director JOHN E. VIIISTADT,Minority Staff Director tlli CONTENTS MEMBERS' OPENING STATEMENTS Page Chairmar, Mario Biaggi 1 Matthew J. Rinaldo 4 William J. Hughes 6 Norman D. Shumway 8 Geraldine A. Ferraro 9 Tom Lantos 10 Barbara A. Mikulski . 11 CHRONOLOGICAL LIST OF WITNESSES Hon. Dolores G. Cooper, assemblywoman, district 2, Atlantic City, N.J., pre- pared statement submitted by Hon. William J. Hughes, a Member of Con- gress from the State of New Jersey 7 Panel 1Social issues: Gerrie Highto, Baltimore, Md 12 Mr. and Mrs. Max Chasens, founders, Equal Rights for Grandparents 16 Mr. and Mrs. Lee Sumpter, founders, Grandparents /Children's. Rights, Inc., Has lett, Mich 20 Mr. and Mrs. Harvey Kudler, Flush' iw N.Y 32 Mrs. Henry Engle, Larchmont,.Y 40 Panel 2Psychiatric viewpoint: Dr. Arthur Kornhaber, Mount Kisco,N.Y.', psychiatrist and founder, Foundation for Grandparents; co-author, "Grandparents-Grandchildren, the Vital Connection" 50 Dr. Andre Derdeyne, professor of psychiatry, director, Division of Child . and Family Psychiatry, University of Virginia School of Medicine, Charlottesville, Va 68 Panel 8Legal viewpoint: Judith Areen, professor of law, and professor of community and \family medicine, Georgetown University Medical Center 73 Richard S. Victor, attorney, Oak Park, Mich 83 APPENDIX Additional material received for the record: Doris Jonas Freed, chairperson, Committee on Child Custody Section of Family Laws American Bar Association, prepared statement 121 Bettie J. LaMotte,prepared statement 125 GRANDPARENTS: THE OTHER VICTIMS OF DIVORCE AND CUSTODY DISPUTES THURSDAY, DECEMBER 16, 1982 U.S. HOUSE OF 11EPRESENTATIVES, SELECT COMMITTEE ON AGING, SUBCOMMITTEE ON HUMAN SERVICES, Washington, D.C. The subcommittee met, pursuant to' notice, at 9:35 a.m., .in room 2261, Rayburn House Office Building, Hon. Mario Biaggi (chairman of the subcommittee) presiding. Members present: Representatives Biaggi of New York, Hughes of New Jersey, Ferraro of New York, Rinaldo of New Jersey, Shumway of California, and Craig of Idaho. Also present: Representative Lantos of California. OPENING STATEMENT OF CHAIRMAN MARIO BIAGGI Mr. BIAGGI. The hearing is called to order. As chairman of the Subcommittee on Human Services I am pleased to convene this morning's hearing entitled "Grandpar- entsThe Other Victims of Divorce and Custody Disputes." I also conduct this hearing as a grandfather with six grandchil- dren. -- The House Select Committee on Aging is charged with the re- sponsibility to "conduct continuing comprehensive studyofthe problems of the older Atherican, including ... participation in ' family and community life." Our subcommittee is exploring the problem and issue Of providing grandparents with the visitation rights under law after marital dissolution. During the course of today's proceedings, we hope to address four basic questions: What legal rights do grandparents have to visit their grandchil- dren after divorce and custody settlements and other forms of marital dissolution? What are the obstacles to enfircement? Should a Federal law be enacted to guarantee these rights in-the eight States which have no laws? Is a Federal law needed to help bring uniformity to the 42 large- ly different State laws which govern grandparent visitation r:ghts? Are grandparents being afforded. equal protection under existing State laws which govern visitation rights? Today in America, approxiniately 70 percent of older people in the United States have grandchildren. Statistics reveal that women become grandmothers at approximately 50 years of age, and men become grandfathers around age 52. Based on current life expec- (1) 2 tancy, this can leave as much as a 20- to 30-year period for the de- velopment of meaningful relations between grandparents and grandchildren. That is the positive side of the coin. On the negative side, over 1 million children a year experience the divorce of their parents; a startling 48 percent of those who married in 1970 will eventually divorce. Most people who get di- vorced will remarry in many instances within 3 years. These con= temporary shifts in divorce and remarriage are radically changing the character and structure of the family as we know it. In 1978, 10 million children lived in a household with one natural parent and one stepparent. Today we have far more than the traditional grandparenting. We now have the stepg-s-andparent and the multi- ple grandparent family. What we seek to address today is what rights will these grandparents as well as biological grandparents have to visit their grandchildren after marital dissolution. Our hearing is structured so we may examine the issue from three perspectivessocial, legal, and psychological. Our first panel of witnesses could be best described as advocates. A testimonial to the degree of interest which this issue has generated