Are grandparents’ rights affected by the U.S. Supreme Court’s ruling in Troxel v. Granville?
In 2000, the U.S. Supreme Court issued a ruling in Troxel v. Granville that has impacted grandparents’ rights in Oregon and across the country. The case concerned the parental rights of the grandparents of a young girl who had died. The grandparents sought visitation rights with their grandchild, and when the parents denied them, they took the case to court. The Court ultimately concluded that the parents’ decision had to be respected, due to the Fourteenth Amendment of the U.S. Constitution, which states that parents have a “fundamental right” to care and custody of their children. This means that the state cannot interfere with parents’ decisions unless there is some form of harm or danger to the children. In Oregon, the state recognizes the rights of grandparents to seek visitation rights, but the courts will only grant those rights if it is in the child’s best interests. This means that the court will consider the parents’ wishes and also take into account any evidence of harm or danger to the child, including the ability of the grandparents to provide a safe and loving environment. The Supreme Court ruling in Troxel v. Granville has therefore affected the legal rights of grandparents in Oregon. Grandparents must still go to court to seek visitation rights, but the court will now consider the parents’ wishes and the likelihood of harm to the child when ruling on the petition.
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