grandparent visitation;
burden of proof
HB 2219 amends current statute regarding the visitation rights of grandparents, stating that in order for a grandparent or great-grandparent to be granted visitation rights by the court, the petitioner must present clear and convincing evidence proving that the child’s parent is unfit.
On June 5, 2000 the United States
Supreme Court ruled in a landmark case, Troxel
v. Granville,
that a Washington State judge’s decision to grant visitation rights to grandparents unconstitutionally infringed upon the rights of the grandchildren’s mother. For the majority, Justice O’Conner stated that “ . . .the Due Process Clause [14th Amendment] does not permit a state to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a ‘better’ decision could be made.” The decision generated six opinions from the nine Justices, and the 6-3 ruling does not set any legal precedent because only four Justices could agree on the same reason for the decision. In addition, all 50 states have statutes that in some form provide for grandparent visitation.