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Wednesday, February 22, 2012

Courts - "Do grandparents get visitation rights? Supreme Court declines case"

This issue comes up a lot and the ILB has many entries. Yesterday, per this long story today in the Christian Science Monitor by Warren Richey, the SCOTUS:

... declined to take up the grandparent’s appeal in a case testing when a judge can force objecting parents to permit regular visits between a grandparent and grandchildren.

The high court action allows a decision of the Alabama Supreme Court to stand. The Alabama high court had ruled in favor of the parents who opposed court-intervention in the grandparent visitation dispute. * * *

But what is less clear is how a judge is to rule when the child’s parents are opposed to such grandparent visitation.

At issue in ERG v. EHG (11-311) was whether the fundamental right of parents to decide how best to raise their children includes the authority to deny grandparents an opportunity to visit with their grandchildren.

The high court last examined the thorny issue of grandparent visitation in a 2000 case. The court sided with the parent over the grandparents, but the justices declined to identify a clear constitutional standard that could be easily applied in future cases involving visitation disputes between parents and grandparents.

Lawyers for the Alabama grandparents were hoping the Supreme Court would use their case to revisit the issue and set a brighter constitutional standard.

Posted by Marcia Oddi on February 22, 2012 10:48 AM
Posted to Courts in general