How often are grandparent visitation cases ruled in favor of the grandparent?

[Rushia]

Uh...pretty sure everyone who has ever answered a GPV question is aware of Troxel.

Sadly, some people believe that this is the end all be all. Problem is that the states have found a way around the ruling. They like to hide behind the best interest of the child.

 

[Ohiogal]

Sadly, some people believe that this is the end all be all. Problem is that the states have found a way around the ruling. They like to hide behind the best interest of the child.

troxel only states that a fit parent's wishes must be given weight. It does not state that the parent's wishes control.

 

[LdiJ]

troxel only states that a fit parent's wishes must be given weight. It does not state that the parent's wishes control.

That is not quite what it says.

(b) Washington’s breathtakingly broad statute effectively permits a court to disregard and overturn any decision by a fit custodial parent concerning visitation whenever a third party affected by the decision files a visitation petition, based solely on the judge’s determination of the child’s best interest. A parent’s estimation of the child’s best interest is accorded no deference. The State Supreme Court had the opportunity, but declined, to give §26.10.160(3) a narrower reading. A combination of several factors compels the conclusion that §26.10.160(3), as applied here, exceeded the bounds of the Due Process Clause. First, the Troxels did not allege, and no court has found, that Granville was an unfit parent. There is a presumption that fit parents act in their children’s best interests, Parham v. J. R., 442 U.S. 584, 602; there is normally no reason for the State to inject itself into the private realm of the family to further question fit parents’ ability to make the best decisions regarding their children, see, e.g., Reno v. Flores, 507 U.S. 292, 304. The problem here is not that the Superior Court intervened, but that when it did so, it gave no special weight to Granville’s determination of her daughters’ best interests. More importantly, that court appears to have applied the opposite presumption, favoring grandparent visitation. In effect, it placed on Granville the burden of disproving that visitation would be in her daughters’ best interest and thus failed to provide any protection for her fundamental right. The court also gave no weight to Granville’s having assented to visitation even before the filing of the petition or subsequent court intervention.

 

[Proserpina]

That is not quite what it says.

(Why am I not surprised that Scalia dissented?)

This is one of the better summaries of Troxel, if anyone else is interested: http://www.law.cornell.edu/supct/html/99-138.ZS.html

 

[Rushia]

troxel only states that a fit parent's wishes must be given weight. It does not state that the parent's wishes control.

Which is why I stated what I did. States hide behind best interest of the child to get around giving the parents wishes any weight at all. Enter sarcasm here: Because the courts KNOW what's best for your child and YOU as a parent, do not.

Really, have you not figured this out yet?

 

[Ohiogal]

That is not quite what it says.

Actually it does:

it gave no special weight to Granville’s determination of her daughters’ best interests.