Last Monday the U.S. Supreme Court declined to review an award of grandparent's visits by the Pennsylvania Supreme Court. The case concerned a conflict between a father and the mother of his deceased wife. The Pennsylvania state court ordered the father to allow visits between his son and the maternal grandmother.
This decision continues a long standing debate. On one side, parents assert their constitutional rights to raise their own children without state interference. On the other side, grandparents and child advocates argue for the rights of children to pursue their best interests even over the objections of their parents.
Parents won a major victory in 2000. In that year, the Supreme Court found a Washington state statute had been applied unconstitutionally. The Washington statute unconstitutionally allowed a court to substitute its judgment for the decision of fit parents regarding grandparents' visits.
Twelve states have no provision for grandparents' visits. The two states where I practice allow for some grandparents' visits in certain circumstances. In Kansas, grandparents can get court ordered visits if they can prove that they have a substantial relationship with their grandchild and the visits serve the child's best interest. In Missouri, courts can order grandparents' visits, but not if the parents are married to each other.
Should courts require parents to allow their children to visit their grandparents? Please post your comment.
2 comments:
This is one of the very best rights that a young child has. If it was not for this right then our grandchild would only have step-grandparents who are not ideal. In a recent family crisis our grandchild was left several times with the step-step-grandmother and her family. While the step grandpa was at work our grandchild was kicked by an adult,and treated very badly until the step-grandfather came home. Then the attitude and treatment of our grandchild totally turned around so the child would not be believed when he complained. Also one step grandparent told him that he was the cause for the new sibling being in the hospital with a heart defect. That was devestating to our grandchild. But it was good natured teasing on the grandpa's part! He was also told by the step-mother that only retarded people wore glasses and that they teased people who wore glasses in schoolwhen he had to start wearing them.
As the natural grandmother of this child who raised him for the first 5 years after the mother was taken so suddendly I am very resentful of these things. We would never treat any child this way but they can get away with it because who is going to believe a child when they all get together and say the child is lying?
Children need their natural grandparents. Esepcially when the real parent is not able to see what really goes on in a home when he is not there and he believes his wife because it is easier for him to believe her instead of hearing the truth. She lies to get what she wants.
I agree that in circumstances like the one you describe, grandparent visitiation is important. I think that when the courts are involved it becomes difficult to decide where the line is drawn and when. For example, which grand parent? what about a now divorced step-parent? where can the line stop?
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