Whether a rebuttable presumption exists that grandparent visitation is in the best interest of minor grandchildren where there was a pre-existing loving relationship before a parent's premature death

QUESTIONS PRESENTED Petitioner Fred S. Pardes (Pardes or Petitioner), is the maternal Grandfather who had a long pre-existing loving and bonded relationship with his two grandsons, N.W. and S.W. (the boys), from the date of their respective births, until the premature death of his daughter, Jennifer Pardes Wienick, just over five years ago, on June 27, 2015. Petitioner seeks to assert his constitutional rights regarding several issues of first impression, in the field of Grandparent Visitation law. He also seeks review and modification of this Court’s harsh decision in the landmark case of Troxel v. Granville (2000) 530 U.S. 57. This case raises Five critical issues of First Impression, of nationwide interest, which would be of very substantial interest not only to the Grandparent and Family Law community, but would also promote and protect the emotional welfare of innocent minor Grandchildren throughout the United States, who are being wrongfully deprived of additional love and emotional support by an “Unfit Parent”, during their tender years. They are: 1Whether or not there exists a rebuttable presumption as a general rule, that Grandparent visitation is in the best interest of minor grandchildren, where there was a pre-existing loving and bonded Grandparent relationship, before one parent prematurely passes away during the Grandchild’s minority? li QUESTIONS PRESENTED — Continued 2Whether or not a Family Law Court is obligated to initially evaluate the “Emotional Fitness” of the surviving parent including the validity of the reasons and concerns for the surviving parents’ objection to Grandparent visitation, before any analysis under any applicable Grandparent Visitation statutes? 3Whether or not the lack of any Grandparent contact, from the time of the death of the natural mother up until the time of trial on the Grandparent Visitation Petition, due to the surviving parent’s refusal to grant any Grandparent visitation or contact, can be used as a justification for denying Grandparent visitation? 4Whether or not the surviving parent’s punitive and unjustifiable interference with a pre-existing loving and bonded relationship, after the premature death of the natural mother, constitutes “Grandparent Alienation” which invalidates the surviving parent’s objection to Grandparent visitation, precluding the analysis otherwise required under any Family Law statutes or Troxel? 5Whether or not a loving and bonding relationship can be established between a Grandparent and a Grandchild, when the time spent with the Grandparent and the Grandchild is only during the post divorce custodial time with the Natural Mother, before she passes away?