The Troxell case and Grandparents Rights

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October 11, 2010
Grandparents rights in custody situations
October 17, 2010

Anyone interested and involved with grandparents rights needs to be aware of the Troxel case and its subsequent implications on grandparents rights. The Supreme Court issued this ruling with a 6-3 decision in June of 2000. It cancelled out a state law in Washington which permitted courts to grant visitation rights to any interested party as long as it was in the best interest of the child.

The Troxel v. Granville came about in 1993 when two grandparents asked for visitation with two grandchildren, who were in the custody of their son’s estranged girlfriend after his suicide. The grandparents, Gary and Jennifer Troxel, sued for visitation rights based on the Washington state law claiming that they had the right to visitation as long as it was in the best interests of their grandchildren.

The Troxels won additional visitation rights in court but the Supreme Court eventually invalidated the trial court’s decision and declared the Washington state law was unconstitutional, as it was too broad and that it infringed upon parents rights.

The Supreme Court decision in Troxel, however, was ambiguous and difficult to interpret because the six justices who sided against grandparents rights had six different reasons for doing so, resulting in six different opinions.

You will find out all about the effects of the Troxell case and its implications on Grandparents Rights today in my new book No Greater Loss.

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