Best Interests of the Child Not the Test for Grandparents
Sunday/January27/08
Article misstates what the law requires.
An otherwise very good article in the greenbaypressgazette.com unfortunately sets out an incorrect legal test. According to the article, a court can decide to give custody of children to their grandparents based solely on the children's best interests:
In fact, in 2000, the United States Supreme Court rejected the best interests test in a case called Troxel v. Granville (see "Grandparent Files" on the sidebar for a copy of the decision).
In Troxel, the Court made clear that parents enjoy a fundamental right “to make decisions concerning the care, custody, and control of their children.” A parent is entitled to a presumption that the parent acts in the child's best interests. Grandparents may obtain visitation or custody against a parent's wishes only when a grandparent can show that the parent is unfit.
The article gave some examples of unfit parents whose children were fortunate enough to have good grandparents. But in the absence of actions harmful to the children, a grandparent may not obtain visitation or custody.
An otherwise very good article in the greenbaypressgazette.com unfortunately sets out an incorrect legal test. According to the article, a court can decide to give custody of children to their grandparents based solely on the children's best interests:
Laws vary by state, but all award custody or visitation based on a child's best interest. And trying to win those rights can be expensive and disappointing, some grandparents say.
In fact, in 2000, the United States Supreme Court rejected the best interests test in a case called Troxel v. Granville (see "Grandparent Files" on the sidebar for a copy of the decision).
In Troxel, the Court made clear that parents enjoy a fundamental right “to make decisions concerning the care, custody, and control of their children.” A parent is entitled to a presumption that the parent acts in the child's best interests. Grandparents may obtain visitation or custody against a parent's wishes only when a grandparent can show that the parent is unfit.
The article gave some examples of unfit parents whose children were fortunate enough to have good grandparents. But in the absence of actions harmful to the children, a grandparent may not obtain visitation or custody.
A Book About Grandparents' Rights
Friday/January25/08
An experienced family law attorney discusses
noncustodial rights. Read
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No Visitation for Grandparents, but Custody for Some
Tuesday/January15/08
Some miscellaneous news on grandparent rights.
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