Legal Question in Family Law in California

Re: Visition with grandparents

Washington Rev. Code �26.10.160(3) permits �[a]ny person� to petition for visitation rights �at any time� and authorizes state superior courts to grant such rights whenever visitation may serve a child�s best interest. Petitioners Troxel petitioned for the right to visit their deceased son�s daughters. Respondent Granville, the girls� mother, did not oppose all visitation, but objected to the amount sought by the Troxels. The Superior Court ordered more visitation than Granville desired, and she appealed. The State Court of Appeals reversed and dismissed the Troxels� petition. In affirming, the State Supreme Court held, inter alia, that �26.10.160(3) unconstitutionally infringes on parents� fundamental right to rear their children. Reasoning that the Federal Constitution permits a State to interfere with this right only to prevent harm or potential harm to the child, it found that �26.10.160(3) does not require a threshold showing of harm and sweeps too broadly by permitting any person to petition at any time with the only requirement being that the visitation serve the best interest of the child.