On June 5, 2000, the Supreme Court issued its decision in the case of Troxel v. Granville. In a 6 to 3 decision that fragmented the court, the majority ruled unconstitutional a Washington law under which the Troxels had sought court ordered visitation with their grandchildren over the objections of the children's mother. The Troxels' son, father of the children in question, died and, subsequent to his death, the mother sought to decrease the time the grandparents spent with the child.
While the ruling's effect on the Washington law (RCW 26.10.160(3)) and the specific case is clear, its implications for other grandparent visitation laws around the country is less clear. First, the plurality decision (written by Justice O'Conner) clearly distinguished between the extremely broad language in the Washington law and that used by other states in their laws granting visitation rights to grandparents. (Ohio's statute--ORC 3109.051--is arguably more restrictive in who is allowed to petition for visitation and, also unlike the Washington statute, identifies considerations a court must take into account in deciding to grant non-parental visitation rights.) Second, the court was badly fragmented--two decisions were written concuring with Justice O'Conners and three dissenting decisions were written.
The good news for parents in this decision is that the Court has strongly endorsed parents' rights and, once again, declared them to be fundamental constitutional rights. The O'Connor decision declares that parental rights cannot be interfered with by the courts barring a showing that the parent is unfit and that interference is necessary to prevent harm or potential harm to the children. This logic, if applied consistently, should entail constitutional protection of both parents' rights to care and custody of their children upon divorce. This is a position PACE strongly supports.(See the Constitutional Issues Page.)
The good news for most grandparents is this: If we can stop routinely taking one parent away from his or her children upon divorce, most grandparents will see their relationship with their grandchildren adequately protected through the parental rights of their children. The Troxel case is unusual because the father had died. In most (though clearly not all) cases, protecting the parental rights of both parents will result in protecting the grandparents' relationship with the children.
For the full decisions on the Troxel case, go to the Supreme Court Collection provided by Cornell University or visit our case law page.
