Champaign, IL -
The United States Supreme Court's decision to affirm the right of a mother to prevent her daughters from seeing their grandparents may not be quite the victory for parental rights that observers first thought, a University of Illinois family law expert says.
On the face of it, last month's closely watched decision (Troxel vs. Granville) was a defeat for grandparents seeking court-ordered visitation rights in cases where the parents have divorced or one of the parents has died.
What was most striking about the split decision, said David D. Meyer, a University of Illinois law professor, was the narrow grounds on which the majority of justices based their ruling. "The court did not rule on the constitutionality of the Washington state law itself, holding only that the judge's application of the law in this case was unconstitutional. This seems to leave the door open for a better balancing between the rights of parents to raise their children without interference and the rights of other members of the family to continue a meaningful relationship with the children."
The ruling, in fact, can be read as an example of an apparent willingness by the high court to look beyond biological parents in balancing the "best interests" of a child within rapidly changing family structures.
"The legal system is beginning to take into account that American families come in different shapes and sizes these days and that grandparents as well as step-parents, relatives, siblings and friends of a parent may be very involved in a child's emotional life and physical well-being."
While all states allow grandparents to sue for visitation rights under certain circumstances, the laws presuppose the right of the biological parent to raise a child without government interference.
"The legal system has begun to recognize that there is something problematic about recognizing the constitutional rights of certain family members to trump or dominate the interests of other members within the family," Meyer said. "On a case-by-case basis, legislatures and judges are looking at a child's 'best interest,' whereas in the past there was the wooden rule that parents win in all but the most bizarre and extraordinary cases."
Although other state grandparent-visitation laws may have to be amended to address the Supreme Court's concerns, Meyer said that the trend toward a broader interpretation of families will continue. The Troxel case, for example, has drawn widespread attention and the support of such pro-grandparent groups as AARP, a nationwide organization for people age 50 and older.
The next legal frontier already has begun, the University of Illinois professor said, involving cases of same-sex relationships where, for example, two women are raising a child, break up, and the non-biological parent seeks visitation rights.
On the face of it, last month's closely watched decision (Troxel vs. Granville) was a defeat for grandparents seeking court-ordered visitation rights in cases where the parents have divorced or one of the parents has died.
What was most striking about the split decision, said David D. Meyer, a University of Illinois law professor, was the narrow grounds on which the majority of justices based their ruling. "The court did not rule on the constitutionality of the Washington state law itself, holding only that the judge's application of the law in this case was unconstitutional. This seems to leave the door open for a better balancing between the rights of parents to raise their children without interference and the rights of other members of the family to continue a meaningful relationship with the children."
The ruling, in fact, can be read as an example of an apparent willingness by the high court to look beyond biological parents in balancing the "best interests" of a child within rapidly changing family structures.
"The legal system is beginning to take into account that American families come in different shapes and sizes these days and that grandparents as well as step-parents, relatives, siblings and friends of a parent may be very involved in a child's emotional life and physical well-being."
While all states allow grandparents to sue for visitation rights under certain circumstances, the laws presuppose the right of the biological parent to raise a child without government interference.
"The legal system has begun to recognize that there is something problematic about recognizing the constitutional rights of certain family members to trump or dominate the interests of other members within the family," Meyer said. "On a case-by-case basis, legislatures and judges are looking at a child's 'best interest,' whereas in the past there was the wooden rule that parents win in all but the most bizarre and extraordinary cases."
Although other state grandparent-visitation laws may have to be amended to address the Supreme Court's concerns, Meyer said that the trend toward a broader interpretation of families will continue. The Troxel case, for example, has drawn widespread attention and the support of such pro-grandparent groups as AARP, a nationwide organization for people age 50 and older.
The next legal frontier already has begun, the University of Illinois professor said, involving cases of same-sex relationships where, for example, two women are raising a child, break up, and the non-biological parent seeks visitation rights.
News, photos provided by Business Wire.
