Grandparent Visitation Rights

Abstract

The purpose of this research was to examine mostly state supreme and appellant court cases from across the country that were brought under state grandparent visitation right statutes. We systematically analyzed justices' legal reasoning in 67 cases that favored parents. Themes derived from the data explained why parental rights superceded the rights of grandparents. Grandparent visitation that unfairly intruded on parental rights and failed to serve the best interest of the child were two themes that explained justices' legal reasoning. That grandparents failed to follow legal requirements including those in state grandparent visitation statutes was the predominate theme that explained how justices protected parental rights over that of grandparents.

Parental Rights in Diverse Family Contexts: Current Legal Developments*

“…In addition, increasing numbers of grandparents are taking on long-term caregiving roles of grandchildren. These family changes, coupled with the increasing number and advocacy efforts of older adults, have resulted in challenges to the assumption of parental autonomy in the upbringing of their children (Henderson, 2002;Tomaine).…”

“…The Troxel case is significant because it is the first time the U.S. Supreme Court explicitly addressed the fundamental rights of parents in the control and upbringing of their children since the landmark Meyer v. Nebraska (1923) decision (Nolo, 2002). The U.S. Supreme Court concurred with the Washington State Supreme Court ruling that parents have a fundamental right to autonomy in childrearing and that the permissive Washington state statute encroached on the fundamental parental right to determine matters of care, custody, and control of their children (Hahn, 2001;Henderson, 2002). However, the U.S. Supreme Court disagreed with a part of the Washington court's ruling that claimed that allowing a nonparent to petition for visitation rights would amount to an assault on the integrity of the family (Nolo).…”

“I Thought My Heart Would Burst”: The Role of Ultrasound Technology on Expectant Grandmotherhood

“…Relationships between grandparents and their adult grandchildren subsequently received attention from scholars (e.g., Kemp, 2004;Roberto, Allen, & Blieszner, 2001;Silverstein & Long, 1998), focusing in large part on the behaviors involved in the grandparent role as well as affection and contact between grandparents and their grandchildren. More recently, attention has shifted to the experiences of grandparents raising grandchildren (e.g., Dellman-Jenkins, Blankemeyer, & Olesh, 2002;McGowen, Ladd, & Strom, 2006) and grandparent rights (e.g., Henderson, 2005;Henderson & Moran, 2001), thus recognizing the expanded roles of grandparents and the accompanying challenges and issues.…”