Maureen Balash 0

Parents Against Court Ordered Grandparent Visitation

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Grandparent visitation laws exist in all 50 states. The underlying premise of all grandparent visitation laws is that the grandparent and the child have an independent interest in maintaining their relationship, and that a court can order visitation over the objection of the custodial parent. As Justice O’Connor pointed out in Troxel, ‘‘[t]he State’s recognition of an independent third-party interest in a child can place a substantial burden on the traditional parent-child relationship.’’ Any court order for grandparent visitation, therefore, seriously interferes with the power of the custodial parent to make a decision concerning the custody, care, and control of that child and so has implicated the constitutional right to parent. The legislature should refrain from intruding upon the decision rights of parents. There are already outlets in place to allow for grandparent visitation and even custody if it is truly in the best interest of the child. The state government need not meddle into the homes and lives of fit parents and their families.

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