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Visitation

The right of a non-custodial parent who is a party to a divorce or separation to visit with their children. In such cases, some courts look to the best interests of the child.  Parents have due process rights to determine visitation by nonparents.  In Troxel v. Granville [539 U.S. 57 (2000)], the Supreme Court held that the application of a Washington state statute that allowed visitation rights to paternal grandparents after the death of the child's father violated the 14th Amendment due process rights of the mother to raise her own children.  The statute allowed any person to petition the Washington state court for child visitation rights at any time. It also authorized the court to order visitation rights for any person when in the best interests of the child.

 

 

"[A Washington statute allows] '[a]ny person' to petition a superior court for visitation rights 'at any time,' and authorizes that court to grant such visitation rights whenever 'visitation may serve the best interest of the child.'  Petitioners Jenifer and Gary Troxel petitioned a Washington Superior Court for the right to visit their grandchildren, Isabelle and Natalie Troxel.  Respondent Tommie Granville, the mother of Isabelle and Natalie, opposed the petition."

"Granville did not oppose visitation altogether, but instead asked the court to order one day of visitation per month with no overnight stay.  In 1995, the Superior Court issued an oral ruling and entered a visitation decree ordering visitation one weekend per month, one week during the summer, and four hours on both of the petitioning grandparents' birthdays."

"[I]t is apparent that the entry of the visitation order in this case violated the Constitution.  We should say so now, without forcing the parties into additional litigation that would further burden Granville's parental right.  We therefore hold that the application of [the Washington statute] to Granville and her family violated her due process right to make decisions concerning the care, custody, and control of her daughters."