Troxel v. Granville
Encyclopedia
Troxel v. Granville, 530 U.S. 57
(2000), was a case in which the Supreme Court of the United States
, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental objections.
, the United States Supreme Court has said that "the interest of parents in the care, custody and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court." The Supreme Court also made it clear that this fundamental right is implicated in grandparent visitation cases. The plurality opinion stated at the outset that statutes allowing grandparent visitation orders to be imposed over parental objection "present questions of constitutional import." The Supreme Court flatly declared that a parent's fundamental right to the "care, custody and control of their children" was "at issue in this case." The Supreme Court struck down the Washington grandparent visitation statute because it unconstitutionally infringed on that fundamental parental right.
State courts considering non-parent visitation petitions must apply "a presumption that fit parents act in the best interests of their children.". Troxel requires that State courts must give "special weight" to a fit parent's decision to deny non-parent visitation. “Choices [parents make] about the upbringing of children . . . are among associational rights . . . sheltered by the Fourteenth Amendment against the State's unwarranted usurpation, disregard, or disrespect.” This principle must inform our understanding of the “special weight” Troxel requires courts to give to parents’ decisions concerning whether, when and how grandparents will associate with their children. Even though Troxel does not define "special weight," previous Supreme Court precedent indicates that "special weight" is a strong term signifying very considerable deference. The "special weight" requirement, as illuminated by these prior Supreme Court cases, means that the deference provided to the parent's wishes will only be overcome by some compelling governmental interest and overwhelmingly clear factual circumstances supporting that governmental interest.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2000), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental objections.
Impact of Troxel v. Granville
In the case of Troxel v. GranvilleTroxel v. Granville
Troxel v. Granville, 530 U.S. 57 , was a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental...
, the United States Supreme Court has said that "the interest of parents in the care, custody and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court." The Supreme Court also made it clear that this fundamental right is implicated in grandparent visitation cases. The plurality opinion stated at the outset that statutes allowing grandparent visitation orders to be imposed over parental objection "present questions of constitutional import." The Supreme Court flatly declared that a parent's fundamental right to the "care, custody and control of their children" was "at issue in this case." The Supreme Court struck down the Washington grandparent visitation statute because it unconstitutionally infringed on that fundamental parental right.
State courts considering non-parent visitation petitions must apply "a presumption that fit parents act in the best interests of their children.". Troxel requires that State courts must give "special weight" to a fit parent's decision to deny non-parent visitation. “Choices [parents make] about the upbringing of children . . . are among associational rights . . . sheltered by the Fourteenth Amendment against the State's unwarranted usurpation, disregard, or disrespect.” This principle must inform our understanding of the “special weight” Troxel requires courts to give to parents’ decisions concerning whether, when and how grandparents will associate with their children. Even though Troxel does not define "special weight," previous Supreme Court precedent indicates that "special weight" is a strong term signifying very considerable deference. The "special weight" requirement, as illuminated by these prior Supreme Court cases, means that the deference provided to the parent's wishes will only be overcome by some compelling governmental interest and overwhelmingly clear factual circumstances supporting that governmental interest.
See also
- List of United States Supreme Court cases, volume 530
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume