On June 5, 2000, the United States Supreme Court handed down a seminal ruling as regards the complex issue of grandparents rights. In the case of Troxel v. Granville, the court struck down a Washington state law that allowed any third party (i.e. grandparents, etc.) to petition state courts for child visitation rights over parental objections. The Court held 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, and as such, it struck down the Washington visitation statute because it unconstitutionally infringed on the right.
Our firm's cases involving parents with grandparents and grandparents' rights as regards their grandchildren have been increasing. This appears to be a nationwide trend. There seems to be a number of demographic and cultural reasons for this: