Grandparent Visitations After Troxel Vs Granville

The United States Supreme Court, while passing the judgement over Troxel v Granville trial, made a landmark decision concerned with the visitation rights of grandparents. According to the decision taken by the Supreme Court in this case, it is the fundamental right of the parent to care for the children and have control of their children. At the same time, it stated that no law can set standards for visitation rights of grandparents. They must be applied on a case-by-case basis. The court declared the non-parent visitation statute of Washington as unconstitutional infringement of parents’ rights to make decisions regarding their children.

Although the court did not provide any special benefits to the grandparents, it advised the parents to have a liberal attitude and work towards developing a bonding between the grandparents and their grandchildren. The court acknowledged the parental role was being taken over by grandparents in many families. Grandparent parental rights in New Mexico

After the decision taken by the US Supreme Court in Troxel case, the grandparents’ visitation rights are being determined based on the best interests of the grandchildren. All 50 states in the United States have statutes for grandparent visitation. Although many scholars feel that there would be least impact of the decision taken in the Troxel case, the state courts have a different opinion. According to them, as constitutional challenges for confrontation of the third-party visitation rights statutes increases, more number of statutes will be declared unconstitutional. There is no legal uniformity pertaining to grandparent visitation rights in the US considering all the exceptions that can arise. According to the statutes, in cases of troubled family situations, the courts must legally permit the grandparents to continue their loving relation with their grandchildren. Factors such as the relationship between the child and the grandparent, and the nature of parents’ objection determine the grandparent visitation rights.

Child Custody Coach™ supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting techniques, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!” is a unique child custody strategy guide provided as an E-Book for immediate access written by Steven Carlson who is known nationally as The Custody Coach™. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

 

Leave a Reply

Your email address will not be published. Required fields are marked *