Search Site
Menu
Parents’ Rights vs. Grandparents’ Rights

Grandparents can be an integral part of some children’s lives. However, if conflicts arise between parents and grandparents, how do parents’ rights legally stack up against grandparents’ rights?

Individual states have their own laws, and for the most part, courts at the state level decide family issues. Even so, some cases have risen to the federal level based on Constitutional rights. Consequently, the U.S. Supreme Court reviewed the cases dealing with grandparents’ rights and rendered decisions. In 2000, one such case in had a significant impact on grandparents’ rights nationwide. It subsequently affected legislation in a number of states. Interestingly, the Supreme Court judges in this case did not unanimously agree. Three of the Supreme Court justices dissented against the ruling, four justices joined in the ruling, and two other justices filed opinions concurring with the ruling.

Troxel v. Granville

The name of the case was Troxel v. Granville. In this case, the mother, Tommie Granville, objected to the amount of visitation time the Troxel grandparents wanted to spend with her two daughters. The girls’ father, Brad Troxel, had committed suicide. Tommie had re-married, and her husband had adopted the girls. Tommie appealed the Washington Superior Court’s ruling that granted more visitation time than she felt was desirable. The Washington State Court of Appeals reversed and dismissed the Troxels’ petition. When the U.S. Supreme Court reviewed the case, it also upheld the state appellate court’s ruling. It stated that the lower court’s ruling had interfered with the parent’s right to make decisions concerning the care, custody, and control of their children.

The existing Washington State statute had allowed third parties to petition for visitation whenever they believed it was in the child’s best interest. However, this statute put the burden of proof on the parent. The U.S Supreme Court explained that requiring parents to disprove that third party visitation was in the child’s best interest was unconstitutional. Under the Fourteenth Amendment, unless a court finds that the parent is an unfit, the Due Process Clause leaves decisions in the parent’s hands. Fit parents have the right to make decisions about their children’s upbringing without interference from the government.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact us for help with your divorce, child custody, or other family law issue
Robert Reid McInvale Attorney Photo
Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

What our clients are saying

  • yelp
    5.0/5.0

    Highly recommend him! Excellent legal representation. Highly skilled, held in high regard in the legal network, professional, intelligent and gets the results you need.

    Read more

    Marianne K.

  • google
    5.0/5.0

    I rarely take time to post online reviews but our experience with Reid McInvale has been so good that I want to do whatever I can to help other people find this attorney. it was overwhelming when we started looking for a divorce and child custody att...

    Read more

    Cheryl Wiker

  • google
    5.0/5.0

    Don't waste your time and money searching and interviewing other lawyers. Mr. McInvale did my custody case in 2010 and I have always returned to him when I had an issue or a question. He is a very truth speaking and up front attorney. He is NOT like ...

    Read more

    Mandi Friestad

  • google
    5.0/5.0

    Mr.McInvale gets the job done. Most definitely willrecommend him and consider in the future as necessary to family & friends! If you need a Divorce call him.

    Read more

    Julia Coleman

See all reviews
Contact us

Quick Contact Form