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MUDDLING THROUGH THE MURKY WATERS OF TROXEL
Author(s) -
White Bryan Thomas
Publication year - 2001
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.2001.tb00597.x
Subject(s) - supreme court , grandparent , statute , law , legislation , political science , state (computer science) , majority opinion , mathematics , algorithm
A critical case in the area of third‐party visitation rights was decided by the U. S. Supreme Court in July 2000 ( Troxel v. Granville ). A plurality in this case held that a Washington grandparent visitation statute was not facially unconstitutional but was as applied to the facts of that case. The author discusses the varying opinions of the Supreme Court justices in the Troxel decision. Next, he analyzes the plurality opinion to determine the appropriate standard of review in grandparent visitation cases. Following is a consideration of how the decision will affect other state grandparent visitation legislation. Examining these issues, the author concludes that future third‐party visitation cases will be decided on a fact‐specific, case‐by‐case basis.