Featherston Law Group
Free initial Consultation
Local314-400-2302 Toll Free888-203-1942
Contact Menu
Practice Areas View All
Melissa A. Featherston

Grandparents' rights case not decided by Supreme Court

This week the Supreme Court of the United States declined to hear a case regarding grandparents' rights, leaving the constitutionality of visitations rights up in the air. The case, which was not from Missouri, posed the question of whether grandparents' rights allowed them to see their grandchildren even if the parents objected.

Since the Supreme Court declined the case, the decision of the states' highest courts will stand. The case that was brought before the Supreme Court recently, stemmed from a family that had a great relationship with the children's grandparents but then a business decision prompted a falling out between the children's parents and grandparents.

The trial court judge ruled the grandparents were entitled to visitation rights under the Grandparent Visitation Act in that state. The state's highest court eventually upheld a reversal of that decision from an appeals court, and invalidated the law entirely.

Although this case took place in another state, the decision by the Supreme Court to not hear the case and further define the constitutionality of grandparents' rights makes cases in Missouri still sometimes contentious. The case means that the state of Missouri will be responsible for determining and establishing the laws on grandparents' rights.

Parents and grandparents often care very much for their children and grandchildren, but sometimes they differ on how the child should be raised. This can lead to legal action by both the parents and grandparents. Speaking with an experienced child custody attorney can help a person navigate the legal process and ensure their rights are protected.

Source: Christian Science Monitor, "Do grandparents get visitation rights? Supreme Court declines case.," Warren Richey, Feb. 21, 2012

No Comments

Leave a comment
Comment Information
Featherston Law Group
Local314-400-2302 Toll Free888-203-1942