to them and to their lives and their willingness to even live if something happened where they were cut off and could not for one reason or another visit their grandchildren.

I recognize the problem. I also recognize that it is a widespread problem, and as a result of that at least four organizations have been formed to aid grandparents and their grandchildren in their quest to continue relationships threatened by death, divorce, or other family upheaval.

I understand that Mr. and Mrs. Max Chasens of my home State have founded a group called "Equal Rights for Grandparents." I am pleased that they are here today and are going to testify and tell us about their own personal struggle to see their grandchildren.

As grandparents assert their rights, it is encouraging to note that some progress has been made. According to an American Bar Association survey, 40 States, including New Jersey, have enacted laws to grant grandparents visitation rights under certain circumstances. Clearly, the States and the courts are beginning to recognize the psychological and social benefits coming from protecting and nurturing the relationships between grandparents and their grandchildren.

In any judicial proceeding there are competing parties with competing interests. Too often, in order to frustrate the award of a State decree granting visitation rights, the child's custodian may unilaterally remove the child across State lines. In order to deter this type of thing, facilitate the enforcement of custody and visitation decrees of sister States, and to promote secure and stable family relationships for the child, Congress passed the Parental Kidnaping Prevention Act of 1980. Now when a State's decree provides grandparents visitation rights, those rights are fully enforceable as a matter of Federal Law in the courts of any other State of the Union, so long as the requirements of the act are met. This act also authorizes the FBI to assist State law enforcement authorities in the investigation of interstate child-stealing cases.

Mr. Chairman, I am hopeful that by your taking the lead, by the initiative of Congressman Hughes in seeing to it that this hearing was convened, we will be putting the spotlight on the problem today. I am hopeful that our hearing will encourage enactment of grandparents' visitation rights statutes in the minority of States which do not have them. If it is appropriate for the House Aging Committee to examine this issue, as it is, from the perspective of the grandparent, perhaps it is equally appropriate for the newly constituted House Select Committee on Children, Youth, and Families to explore this problem from other perspectives when the 98th Congress convenes next year.

Given the vast variations among existing State laws on this subject, I join you, Mr. Chairman, in urging that the National Conference of Commissioners on Uniform State Laws also consider the issue. If it is appropriate, Mr. Chairman, perhaps we could send a letter, this committee, to the National Conference of Commissioners requesting that they take action. At this point I would like to request unanimous consent that we do that and have the letter prepared by staff and available for signatures by as many members of the committee as would be willing to sign it.

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Mr. BIAGGI. You were not here, but clearly it was part of my testimony that indicated that is exactly what we are going to do. That is what I intend to do after the conclusion of this hearing.

Mr. RINALDO. I want to commend you for that action, because I certainly think it is appropriate, it is something long overdue.

I want to welcome the witnesses here this morning, and hope that your testimony will lead to the type of results that we all desire.

Thank you, Mr. Chairman.

Mr. BIAGGI. Thank you. Before I introduce my colleague, Mr. Hughes, let me say that what we see happening here is an area of neglect. It is really part of the aging problem, because the aged have been neglected traditionally, and more and more we have been focusing attention on their concerns. This is part of their concerns, and we are just catching up to this facet of their lives. There is no doubt in my mind that by having this hearing, focusing attention on this problem, working together and projecting it into the spotlight so that it would be given its rightful place in the minds and hearts of America, that there will be some response. It is really an extension of the aging problem. We have been fortunate so far in the progress we have made through the full committee under the chairmanship of Claude Pepper. This committee has been responsible for most of the Federal legislation that has redounded to the benefit of the aging.

I would like to introduce my colleague from New Jersey, Mr. Hughes. He has been a most valuable member of this committee, and has expressed early interest in this problem.

STATEMENT OF REPRESENTATIVE WILLIAM J. HUGHES

Mr. HUGHES. Thank you, Mr. Chairman.

Let me echo the sentiments of my distinguished colleague from New Jersey and the ranking minority member of the full committee, in saying thank you for scheduling this hearing. I too think it is a serious subject. I will make my remarks brief, because I know we are anxious to hear the witnesses.

The heartbreaking difficulties encountered by grandparents who attempt to secure the right to visit their grandchildren in the wake of marital dissolution were recently brought to my attention by Hon. Dolores Cooper, an assemblywoman from Atlantic County, N.J., whose testimony, unfortunately, we will not have the privilege of hearing this morning because business in New Jersey prevents her from being with us. However, we do have two very distinguished Atlantic Countians, Mr. and Mrs. Max Chasens, who have been involved with such a visitation case. I first learned of their plight a number of months back after talking personally with Mr. Chasens and seeing accounts of what occurred, and I became very interested in seeing the focus of a hearing spotlighted on this particular problem.

The termination of a marriage, whether it be a result of death, divorce, or separation, is a tragic event, especially if there are children involved. Magnifying the sorrow of this situation by destroying the precious and unique relationship between children and their grandparents is, I believe, something that should be avoided

if at all possible. At the same time, however, we must be sure to observe the delicate balance that exists between the best interests of the children, parents, and grandparents involved.

I am pleased that New Jersey is among the 38 States which now have statutes granting grandparents the right to petition the courts for reasonable visitation rights. I am concerned, however, over the disparity among these States, and the lack of similar statutes in the other 12 States.

I am confident that the distinguished witnesses we have here today will provide us with answers on how to best address the complex issues surrounding grandparents' visitation rights. I look forward to hearing their testimony.

I might say in passing that I too know that my own mother would be absolutely destroyed if she could not meet and love and understand and see her grandchildren grow and prosper. In my 25 years of practicing law, I think one of the most disturbing things to me was to see the breakdown in that relationship. It probably got to me more than anything else, because you could see the young people suffer because of that lost relationship. So I look forward to hearing the testimony. I have a statement that the Honorable Dolores Cooper has provided for us, and I would like permission to insert that into the record.

Mr. BIAGGI. Without objection.

[The prepared statement of Hon. Dolores G. Cooper, assembly woman, District of Atlantic City, N.J., follows:]

PREPARED STATEMENT OF DOLORES G. COOPER, ASSEMBLYWOMAN, DISTRICT 2

(ATLANTIC), ATLANTIC CITY, N.J.

Honorable Mario Biaggi, and members of the Select Committee on Aging: I am deeply grateful to all of you for giving me the opportunity to address you today, through the efforts of our Congressman William J. Hughes, an elected official sensitive not only to the needs of his constituents, but to all honorable people-in this case, the grandparents of the United States who are being denied the greatest reward of their golden years-the right to cherish and to love their grandchild or children.

However, the speaker of the New Jersey Assembly has called the final session of the legislature this morning, Thursday, making it totally impossible for me to be with you this morning inasmuch some legislation affects Atlantic City, Atlantic County was well as my co-sponsorship of several bills.

Therefore, I am requesting your permission to accept my humble testimony through Max Chasens, the first grandparent in Atlantic County who alerted me, more than two years ago, of this growing social problem, one which, obviously, legislation, as it presently exists in 38 States, has not found a satisfactory solution and must, as soon as possible, be guided by Federal guidelines issued to State legislatures.

We are aware if the growing divorce rate, with statisticians telling us that by 1990, one out of every two marriages will terminate in divorce, or, a complicated separation. Who bears the scars of this terrible statistic? Yes, a mother and or a father, the ex-husband or ex-wife, to an extent, but it is the child of this unhappy marriage. The grandparents-one, two, three or four persons who have given this child, or children, pure, unadulterated love. In the many cases that I have researched, I have found that the grandparent/parents have extended the only emotional stable relationship that the child experienced. Grandparents have become the confidantes, the substitute parents in many instances, and offered the child the only encouragement to look at life through normal eyes and emotions with love and compassion rather than the hatred and rancor experienced in the home.

Testimony has continued endlessly, and you have heard witnesses and presentations concerning the wretched experiences the grandparents have suffered at the hands of these vindictive ex-daughters and sons-in-law.

Now I request, members of the Committee on Aging, that you examine the laws of the 38 States who have some guidelines in this direction, and consolidate these diluted, antiquated pablum-type laws and statutes into strong, meaningful guidelines protecting the innocent and injured.

My dream is for creation of Federal guidelines handed down to the State judicial system creating firm, enforceable guidelines not to keep grandparents in limbo, or appearing constantly in court to explain their crime-the crime of wanting to see and touch a grandchilú, to love and to cherish.

I am not a grandparent at this time of my life. But I hope that God will grant me that category some day. I have already shared the tears and heartaches of those who have such an abundance of love to give-don't deprive them of this one remaining factor in their life-the touch of the child, the sweetness of a kiss, the emotion of sharing-the generation of a name—

From the State of New Jersey, I gladly accept any responsibility in enabling you to make this dream a reality, and with wisdom, and God's help, show our love for the grandparents of the United States. Thank you.

Mr. BIAGGI. Mr. Shumway.

STATEMENT OF REPRESENTATIVE NORMAN D. SHUMWAY

Mr. SHUMWAY. Thank you, Mr. Chairman. I appreciate your convening this hearing. It is a very timely subject and most appropriate that we have an airing of it here in our Nation's Capital. I would like to welcome each of the witnesses on this panel and the panels that will follow and extend my appreciation for your being available and presenting testimony to us here today.

Mr. Chairman, the American family is both aging and changing, and I commend you and think it most important that we focus not only on grandparents but on intergenerational families. I look forward to working with you in the future, and I particularly would like to express the appreciation that I feel for the role that my home State of California has played in this subject. California has been on the leading edge in terms of both statutory change and case law in developing some innovations and new ideas on this subject. I hope that that particular process continues to unfold in California as well as in other States across the Nation. Perhaps what we do here today will be the impetus for that kind of action occurring.

I would like again to express my appreciation to you, and ask your permission to extend my full remarks in the record. Mr. BIAGGI. Without objection, so ordered.

[The prepared statement of Representative Norman D. Shumway follows:]

PREPARED STATEMENT OF REPRESENTATIVE NORMAN D. SHUMWAY Chairman Biaggi, I wish to commend you for convening today's hearing on Grandparents-The Other Victims of Divorce and Custody disputes. I want to welcome each of today's witnesses to the subcommittee and extend to you my appreciation for the enlightening testimony you will present today. Mr. Chairman, the American family is both aging and changing, and I commend you for focusing not only on grandparents but on inter-generational families. I look forward to working with you on a responsive solution to the plight of grandparents and the future of the family. One of today's witnesses, Dr. Kornhaber, has characterized grandparents as emotional guardians of the young, as living ancestors who provide us with a sense of history and commitment to family roots. Grandparents are valuable mentors for teaching ethnic heritage, religious faith, and moral and cultural values to their grandchildren.

The pressures on today's extended family, such as the high incidence of divorce, job transfers and economic conditions, often victimize the most vulnerable members of society-children and grandparents.

Today the subcommittee will review judicial and legislative solutions to the problem of grandparent visitation rights. I trust that we will also look beyond legal intervention into family situations and consider efforts that would promote a greater public awareness of grandparenthood and inter-generational families. Hopefully, we will also look at the value of psychological research and family counseling as an alternative to judicial and legislative solutions. I trust that the subcommittee will also consider the symptoms to some of the major causes of this problem, such as the rapid rise in the divorce rate in the past two decades and the erosion of not only the extended family, but the "nuclear" family structure.

The problem with grandparent visitation rights occurs primarily in the event of death, divorce or separation of the parents. The rapid rise in the divorce rate during the last decade, especially in families with young children, results in injustices to the victims-old and young alike.

Before 1940, the divorce rate was approximately 2 per 1,000 in population. It reached a historic level of 5.1 per 1,000 in 1978. There were 1.1 million divorces and 2.2 million marriages in that year. It is not surprising that if this rate of divorce continues on a lifetime basis, the proportion of marriages ending in divorce may be close to 40 percent.

The impact of divorce is significant: the number of children involved in divorce tripled in two decades from 361,000 in 1956 to 1,117,000 in 1976.

The impact of the divorce rate has a great impact on the basic family unit. Since 1960, there has been a far more rapid increase in the number of 1 parent families than two parent families. By 1978, 19 percent of all families with sons and daughters under 18 years of age were maintained by 1 parent, 17 percent by the mother and 2 percent by the father.

I trust that the subcommittee will look at these demographic trends as they relate to the problems that grandparents are experiencing as family members.

Today we will hear testimony on legislative and judicial remedies to the problem. The State of California has had several significant court cases based upon common law as well as State statutory law that apply to grandparents visitation rights.

California was one of the first six States to enact statutes providing the legal means for grandparents to bring suit for visitation privileges. Currently, California law allows trial courts to award visitation to interested parties (including grandparents) if it is in the best interests of the child. California law also specifically allows grandparents and other relatives to seek visitation rights in the event of death of the parents.

Currently, 40 States have statutes conferring grandparents standing to seek court visitation rights under certain circumstances.

There is also great judicial awareness of the importance of existing associations and inter-generational contacts as in the best interest of the child.

In California, a series of cases have been decided on several emergent issues, such as the effect of adoption on grandparent visitation privileges, the impacts of animosity between the custodian and the grandparent seeking visitation, and the health and best interest of the child.

Mr. Chairman, I look forward to today's hearing and testimony from grandparents themselves, who will give us a first hand account of their experiences with this important issue. I look forward to working with Chairman Biaggi in developing an appropriate solution to the plight of grandparents in our society.

Mr. BIAGGI. The gentlelady from New York.

STATEMENT OF REPRESENTATIVE GERALDINE A. FERRARO MS. FERRARO. I want to congratulate you for holding the hearing. When I had my children I thought I had achieved the ultimate as far as family life was concerned, until my mother said wait until you are a grandmother. I do not want to hurry that, but I am waiting and I am looking forward to that day. We have talked about what occurs when grandparents lose the right of visitation and what effect that has on the grandparents. I received a letter from a constituent indicating what happens to the children. I would like to read to you one paragraph:

In so many cases with divorced children unforeseen hostility with one of the parents destroys family relationships and prevents needed contact and supportive warmth. Particularly at that time of disruptions children require as much reassur