STATE SUPREME COURT APPLICATIONS OF TROXEL v. GRANVILLE AND THE COURTS' RELUCTANCE TO DECLARE GRANDPARENT VISITATION STATUTES UNCONSTITUTIONAL |
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| Authors: | Kristine L. Roberts |
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| Affiliation: | Kristine L. Roherts is an associate in the Litigation Department at Ropes &Gray in Boston. She gruduated from Princeton University with a degree in history and earnedu J.D. from Harvard Law School. She enjoys reading novels, watching movies, cooking vegetarian dishes, reminiscing ahout playing rugby, and spending time with family und friends. The author would like to thank Sally Goldfarb for her comments and guidance. |
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| Abstract: | In this article, the author reviews state supreme court applications of Troxel v. Granville , analyzing the impact of the decision on the courts' ongoing efforts to adjudicate visitation disputes between parents and grandparents. Set against a background of legislative recognition of grandparents' rights and judicial uncertainty regarding the appropriate role of nonparents in children's lives, Troxel reaffirmed the constitutional right of parents to direct their children's upbringing. The author argues that state supreme courts evaluating gradparent visitation statutes and seeking to enforce Troxel 's presumption in favor of parents should be more willing to strike down overly broad statutes. Such an approach would be a positive step toward addressing the excessive judicial discretion that the Troxel Court found so problematic, and would signal to state legislatures the need for statutes that both provide for the needs of children and protect parental rights. |
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