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is the grandparent visitation statute Constitutionally violative?

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R

resipsa

Guest
What is the name of your state? CA

is the grandparent visitation statute violate the constitutional right of the mother to rear her children in the fashion she pleases?

What arguments can be made for the grandparents?

I have a few cases but more USC cases would be appreciated...

Troxel v Granville, Moyer, Pierce v. Society of Sisters, City of Cleveland....

Thanks
 


I AM ALWAYS LIABLE

Senior Member
resipsa said:
What is the name of your state? CA

is the grandparent visitation statute violate the constitutional right of the mother to rear her children in the fashion she pleases?

MY RESPONSE: In order to answer the question, we're going to need a specific situation; e.g., is one of the parents infirm or dead?


What arguments can be made for the grandparents?

MY RESPONSE: This question is over broad, vague, ambiguous and unintelligible. Are you asking us, without a specific fact pattern, to reargue and write a "Troxel-like" opinion?
IAAL
 

I AM ALWAYS LIABLE

Senior Member
racer72 said:
The U.S. Supreme court ruled a few years ago that grandparents do not have the right to visitation with their grandchildren. The case evolved in the state of Washington. A man died leaving behind a wife and 2 children. The mother of the children decided to exclude the parents of the late husband from the lives of their grandchildren. The grandparents lobbied a state senator for their cause and a law was passed giving grandparents the opportunity to ask for visitation of their grandchildren.

The mother of the children sued the state claiming the law violated her right to determine who her children could see. The case went to the Supreme Court and the court agreed with the mother. I have the decision stashed somewhere, I will find it and post the case.
My response:

Racer, our writer already knows about "Troxel" and has mentioned it in his original post. Undoubtedly, our writer has already read Troxel. The problem with our writer's post is that there is no "specific" information about our writer's situation in order to give an opinion about the California Grandparent Visitation statute.

IAAL
 

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