Grandparents’ Rights in Social History of American Families: An Encyclopedia
Indiana University Robert H. McKinney School of Law
September 27, 2013
Grandparents' Rights in Social History of American Families: An Encyclopedia, Lawrence Ganong, ed., 2014
Indiana University Robert H. McKinney School of Law Research Paper No. 2013-29
This encyclopedic entry considers the law and public policy regarding grandparents’ rights and visitation, focusing on Troxel v. Granville, 530 U.S. 57 (2000). In this United States Supreme Court case, the grandparents petitioned for visitation with their out-of-wedlock grandchildren under a Washington statute that allowed any person to petition the court for visitation rights at any time. The United States Supreme Court ultimately held that the Washington statute permitting such visitation unconstitutionally interfered with the fundamental right of parents to rear their children. In applying Troxel, states must consider the competing public policies when tailoring their approach to grandparent visitation. On the one hand, grandparent visitation may be best for the child. On the other hand, grandparent visitation statutes raise the issue of whether, and to what extent, a fit parent is free to decide with whom the child associates without state intervention. Both are important, but competing, considerations that must be balanced.
Number of Pages in PDF File: 3
Keywords: family law, domestic relations, grandparents' rights, grandparents' visitation, child visitation, grandparents, Troxel, Granville, parents' rights, liberty interest, parental autonomyAccepted Paper Series
Date posted: July 23, 2013 ; Last revised: September 28, 2013
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