Prior to 2000, states across the country enacted laws that provided Grandparents broad rights of visitation with Grandchildren affected by divorce situations. These laws were quickly challenged and eventually the U.S. Supreme Court dramatically scaled back Grandparent visitation rights
in the case of Troxel v. Granville, 530 U.S. 57 (2000). The Supreme Court held that “… the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.” The Troxel Court found unconstitutional a State of Washington law authorizing broad grandparent visitation rights, which the Court found infringed on the fundamental constitutional right of a mother to make child-rearing decisions. It is important to note that the Troxel holding did not invalidate all state statutes authorizing Grandparent visitation, but the case does make it clear that such statutes must be narrowly tailored to account for the protection of a parent’s fundamental constitutional right to determine how his/her children will be raised.
Likewise, the Mississippi Legislature enacted a Grandparents’ Visitation Rights Statute, codified at Mississippi Code Annotated Section 93-16-2 (1972), that provides for Grandparent visitation rights under certain circumstances. For instance, the statute requires, among other things, proof that a grandparent has established a viable relationship with the child and that the parent or custodian of the child is unreasonably denying the grandparent visitation rights with the child. There are other requirements of proof set forth in the statute, and not every situation is identical.
Assuming a Grandparent satisfies the statutory requirements necessary to bring a court action to establish visitation rights, the court must review the numerous factors that are set forth in the Mississippi Supreme Court case of Martin v. Coop before visitation rights are afforded. A few of these factors are:
1. The amount of disruption that extensive Grandparent visitation will have on the child’s life.
2. The age, and physical and mental health of the grandparents.
3. The moral fitness of the grandparents.
4. Any undermining of the parent’s general discipline of the child.
5. The willingness of the grandparents to accept that the rearing of the child is the responsibility of the parent.
There are a number of additional factors that a court must review. Are you a Grandparent that desires visitation with a Grandchild affected by divorce, but you are being kept from a relationship with your Grandchild? You may have visitation rights that can be enforced. Give the professionals at Adams & Edens, P.A. a call today to discuss whether your desire can become a reality.
Prior to 2000, states across the country enacted laws that provided Grandparents broad rights of visitation with Grandchildren affected by divorce situations. These laws were quickly challenged and eventually the U.S. Supreme Court dramatically scaled back Grandparent visitation rights in the case of Troxel v. Granville, 530 U.S. 57 (2000). The Supreme Court held that “… the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.” The Troxel Court found unconstitutional a State of Washington law authorizing broad grandparent visitation rights, which the Court found infringed on the fundamental constitutional right of a mother to make child-rearing decisions. It is important to note that the Troxel holding did not invalidate all state statutes authorizing Grandparent visitation, but the case does make it clear that such statutes must be narrowly tailored to account for the protection of a parent’s fundamental constitutional right to determine how his/her children will be raised.
Likewise, the Mississippi Legislature enacted a Grandparents’ Visitation Rights Statute, codified at Mississippi Code Annotated Section 93-16-2 (1972), that provides for Grandparent visitation rights under certain circumstances. For instance, the statute requires, among other things, proof that a grandparent has established a viable relationship with the child and that the parent or custodian of the child is unreasonably denying the grandparent visitation rights with the child. There are other requirements of proof set forth in the statute, and not every situation is identical.
Assuming a Grandparent satisfies the statutory requirements necessary to bring a court action to establish visitation rights, the court must review the numerous factors that are set forth in the Mississippi Supreme Court case of Martin v. Coop before visitation rights are afforded. A few of these factors are:
1. The amount of disruption that extensive Grandparent visitation will have on the child’s life.
2. The age, and physical and mental health of the grandparents.
3. The moral fitness of the grandparents
4. Any undermining of the parent’s general discipline of the child.
5. The willingness of the grandparents to accept that the rearing of the child is the responsibility of the parent.
There are a number of additional factors that a court must review. Are you a Grandparent that desires visitation with a Grandchild affected by divorce, but you are being kept from a relationship with your Grandchild? You may have visitation rights that can be enforced. Give the professionals at Adams & Edens, P.A. a call today to discuss whether your desire can become a reality.
