Troxel v. Granville
| Troxel v. Granville | |
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| Argued January 12, 2000 Decided June 5, 2000 |
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| Full case name | Troxel et vir v. Granville |
| Citations | 530 U.S. 57 (more) |
| Holding | |
| The custody, the care and the nurture of the child reside first in the parents; their primary function and freedom include preparation for obligations that the state can neither supply nor hinder. A law that allows anyone to petition a court for child visitation rights over parental objections unconstitutionally infringes on parents' fundamental right to rear their children. | |
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| Case opinions | |
| Plurality | O'Connor, joined by Rehnquist, Ginsburg, Breyer |
| Concurrence | Souter |
| Concurrence | Thomas |
| Dissent | Stevens |
| Dissent | Scalia |
| Dissent | Kennedy |
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental objections.
The Supreme Court stated that "the interest of parents in the care, custody and control of their children—is perhaps the oldest of the fundamental liberty interests recognized by this Court." That fundamental right is implicated in grandparent visitation cases.
The plurality opinion stated at the outset that statutes allowing grandparent visitation orders to be imposed over parental objection "present questions of constitutional import."
The Supreme Court flatly declared 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." It thus struck down the Washington visitation statute because it unconstitutionally infringed on that fundamental parental right.
State courts considering non-parent visitation petitions must apply "a presumption that fit parents act in the best interests of their children."Troxel requires that state courts must give "special weight" to a fit parent's decision to deny non-parent visitation. "Choices [parents make] about the upbringing of children... are among associational rights... sheltered by the Fourteenth Amendment against the State's unwarranted usurpation, disregard, or disrespect." The principle must inform the understanding of the "special weight" that Troxel requires courts to give to parents' decisions concerning whether, when and how grandparents will associate with their children. Even though Troxel does not define "special weight," previous Supreme Court precedent indicates that "special weight" is a strong term signifying very considerable deference.
The "special weight" requirement, as illuminated by these prior Supreme Court cases, means that the deference provided to the parent's wishes will be overcome only by some compelling governmental interest and by overwhelmingly clear factual circumstances supporting that governmental interest.
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