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

In 2000, the U.S. Supreme Court ruled in Troxel v. Granville that parents have the right to limit a grandparent’s ability to visit their grandchildren. The court overturned the Washington state grandparent visitation law which said that any person could sue for visitation rights if there was evidence that such a visit would be in the best interests of the child. In Texas, the Grandparent Access Statute (GAS) was in place before the Supreme Court ruling, and the court clarified several of the statute’s provisions. The ruling determined that the GAS must be applied carefully and that the rights of the parents to raise their children should be respected. The Supreme Court’s ruling in Troxel v. Granville does affect grandparent visitation rights in Texas. Under the ruling, grandparents must prove that their visits are in the best interests of their grandchildren. Grandparents must also show that their visits with the child will be beneficial to the child’s growth and development. Grandparent visitation rights are more limited than before the ruling. In order for a grandparent to be granted visitation rights in Texas, the court must find that such a visit is in the best interests of the child. The court must also find that there is a “compelling state interest” and that the proposed visitation will not interfere with the parent-child relationship. The court looks at various factors such as the relationship between the grandparent and the child, the amount of contact the grandparent has had with the child, and the likelihood of disputes between the parents and the grandparents.

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