Friday, November 15, 2013

Troxel v. Granville case brief

Troxel v. Granville case brief summary
530 U.S. 57 (2000)

CASE SYNOPSIS
On writ of certiorari to the Supreme Court of Washington; petitioners appealed the judgment of the state supreme court, reversing an order which granted their petition for visitation of the grandchildren, and holding that Wash. Rev. Code § 26.10.160(3) unconstitutionally interfered with the fundamental rights of parents to rear their children.

CASE FACTS
Petitioner grandparents petitioned a Washington Superior Court for the right to visit their grandchildren. Respondent mother opposed the petition. The case ultimately reached the Washington Supreme Court, which reversed the order of visitation entered by the superior court.

DISCUSSION
  • The court granted certiorari. 
  • The court found that the visitation order was an unconstitutional infringement on respondent's fundamental right to make decisions concerning the care, custody, and control of her two daughters. 
  • The state superior court failed to accord the determination of respondent, a fit custodial parent, any material weight; announced a presumption in favor of grandparent visitation; and failed to accord significant weight to respondent's already having offered meaningful visitation to petitioners. 
  • The court concluded that the Due Process Clause of the United States Constitution did not permit a state to infringe on the fundamental right of parents to make child rearing decisions. 
  • Accordingly, the court held that Wash. Rev. Code § 26.10.160(3), as applied in this case, was unconstitutional.

CONCLUSION

Judgment affirmed; the visitation order in this case was an unconstitutional infringement on respondent's fundamental right to make decisions concerning the care, custody, and control of her two daughters.

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