Are grandparents’ rights affected by the U.S. Supreme Court’s ruling in Troxel v. Granville?

In Troxel v. Granville, the United States Supreme Court addressed the issue of grandparent visitation rights. In this case, the grandparents sought court-ordered visitation with their granddaughters, but the girls’ mother objected to the court’s decision to grant the grandparents’ visitation rights. In a 6-3 ruling, the Court found that the Washington state law which had granted the grandparents visitation rights was an unconstitutional infringement on the mother’s fundamental right to make decisions about the care and custody of her children. In California, the impact of the Troxel ruling has been significant. The California Supreme Court has held that a grandparent’s visitation rights cannot be granted if they are found to be an interference on the parents’ fundamental right to make decisions about the care and custody of their children. Furthermore, the California legislature has since enacted laws which require the courts to consider the parents’ preference when deciding whether or not to grant grandparents visitation rights. Ultimately, the U.S. Supreme Court’s ruling in Troxel v. Granville was a significant ruling in regards to the rights of grandparents. In California, the ruling has resulted in a shift in the way that grandparents must prove their visitation rights, requiring them to demonstrate that their visitation will not be an interference on the parent’s fundamental right to make decisions about the care and custody of their children.

Related FAQs

What are the applicable laws in a grandparent's state that relate to visitation rights?
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Are grandparents’ rights affected by the U.S. Supreme Court’s ruling in Troxel v. Granville?
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