Summary

Portrait of Sandra Day O'Connor Sandra Day O'Connor Troxel v. Granville — Opinion of the Court (2000)

First, according to the Washington Supreme Court, the Constitution permits a State to interfere with the right of parents to rear their children only to prevent harm or potential harm to a child. Section 26.10.160 (3) fails that standard because it requires no threshold showing of harm. Id., at 15-20, 969 P.2d, at 28-30. Second, by allowing " 'any person' to petition for forced visitation of a child at 'any time' with the only requirement being that the visitation serve the best interest of the child," the Washington visitation statute sweeps too broadly.
Source: Wikisource

Portrait of Sandra Day O'Connor Sandra Day O'Connor Troxel v. Granville — Opinion of the Court (2000)

The States' nonparental visitation statutes are further supported by a recognition, which varies from State to State, that children should have the opportunity to benefit from relationships with statutorily specified persons-for example, their grandparents. The extension of statutory rights in this area to persons other than a child's parents, however, comes with an obvious cost. For example, the State's recognition of an independent third-party interest in a child can place a substantial burden on the traditional parent-child relationship.
Source: Wikisource

Portrait of Sandra Day O'Connor Sandra Day O'Connor Troxel v. Granville — Opinion of the Court (2000)

Berg, 595 N. W. 2d 285, 291-292 (N. D. 1999) (holding North Dakota grandparent visitation statute unconstitutional because State has no "compelling interest in presuming visitation rights of grandparents to an unmarried minor are in the child's best interests and forcing parents to accede to court-ordered grandparental visitation unless the parents are first able to prove such visitation is not in the best interests of their minor child") . In an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren.
Source: Wikisource

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