"Grandparents' Rights"

Here is a news story, from the Christian Science Monitor, about the recent court decision in Washington, striking down a state law that purported to give grandparents a legal right to visitation with grandchildren, notwithstanding the objections of custodial parents. 

As many MOJ readers know, the Supreme Court invalidated (in a confusing set of opinions) Washington's earlier visitation law in a case called Troxel v. Granville.  (Full disclosure:  I authored two amicus curiae briefs in Troxel, arguing that the visitation law was unconstitutional because it failed to respect fit, custodial parents' fundamental right to direct the upbringing and education of their children.  I've also written about the issue.)

To be clear -- and in case my parents or in-laws are worried -- I'm all for close relations between and among extended-family members.  (And I agree with -- for example -- MOJ-er Vince Rougeau, who has explained that our legal regime has often embraced rules and policies that atomize families and isolate individuals).  I do not support, however, laws that authorize judges to override the visitation decisions of fit, custodial, non-abusive parents, merely on the ground that they believe that they know better than parents which relationships and contacts are in the "best interests" of others' children.

Rick