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Family Ties, Family Tension: Grandparents` Visitation Rights
Last Featured: 2/24/2000
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In this edition we`ll discuss a case from Washington state that questions whether that state`s grandparent`s visitation law violates the parents` ``fundamental right`` to raise their families without governmental meddling. The issue arose when a state court order granted grandparents the right to see their grandchildren over the objection of the children`s parent.
Update on the Issue:
On June 5, 2000, the U.S. Supreme Court ruled that a state law giving anyone, in this case the grandparents of the children, the right to petition for visitation rights was unconstitutional, violating parent`s rights guaranteed by the Fifth and Fourteenth Amendments. The Court decided that this law interfered with parents` rights to decide how best to raise their children.
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Katharine T. Bartlett
, is the Dean and a Professor at Duke University Law School where she teaches family law, gender and law, and contracts. Dean Bartlett has written and lectured extensively on topics in family law and the role of fault in divorce law and is the author of two leading law casebooks on Family Law and Gender and Law Professor. She currently serves as a Reporter for the American Law Institute's Principles of the Law of Family Dissolution, for which she is responsible for the provisions relating to child custody.
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Barbara Bennett Woodhouse
, a former law clerk for Supreme Court Justice Sandra Day O'Connor, she is a law professor at the University of Pennsylvania Law School where she teaches constitutional law, child welfare law and family law. In addition Professor Woodhouse is the co-director of Penn's Center for Children's Policy Practice and Research a new center that focuses on the legal rights of children. She maintains an active pro bono practice on behalf of children and submitted an amicus brief of behalf of children in the litigation being discussed in this edition of Justice Talking.
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"Pluck from under the family all the props which religion and morality have given it. Strip it of the glamour, true or false, cast round it by romance, it will still remain a prosaic, indisputable fact, that the whole business of begetting, bearing and rearing children is the most essential of all the nations businesses."
— English suffragist Eleanor Rathbone
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