diphi
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Washington State is currently the only state without an operational statute for grandparent visitation. The Washington statute is still on the books, but it was found unconstitutional by the Washington Supreme Court in 2005. Efforts to pass statutes governing grandparent visitation failed in 2006.
It was the Washington State's visitation law that the U.S. Supreme Court struck down as "breathtakingly broad" in the 2000 landmark case of Troxel v. Granville, casting doubt on the visitation laws of almost every state. In Washington State, the law was amended, but found unconstitutional by the Washington Supreme Court in 2005 in the case "In re Parentage of C.A.M.A." The court stated that the statute "unconstitutionally infringes on a fit parent's right to control visitation."
http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Washington.htm
In 2000, Washington States visitation laws were dismantled by the U.S. Supreme Court decision in Troxel vs. Granville when it ruled our laws "breathtakingly broad" and dictated that those laws unconstitutionally interfered with fundamental parental rights.
This has caused much confusion in our state courts; and visitation rights for any 3rd party, including grandparents, have been in flux ever since.
Not until our state legislators take action and pass a constitutionally written law is it likely that our courts will resolve this issue. Until then attorneys are reluctant to take a visitation case. Washington State is currently the only state that does not offer grandparents legal recourse to petition for visitation other than as a part of a current dissolution, separation or parenting plan.
http://www.grandparentsrightsofwashingtonstate.org/
The arguments against grandparent visitation rights are:
That the state has no business interfering with the child-rearing decisions of competent parents, even if the parent determines that grandparent visitation will not be permitted.
Some grandparents are excluded from their grandchildren's lives for good cause - for example, because they were abusive to their own children and cannot be trusted with the grandchildren. Some grandparents interfere with ordinary parental decision-making, or badmouth one or both parents to the grandchildren, creating unnecessary conflict.
Where conflict exists between parents and grandparents, even if the parents are being unreasonable, court interference can destabilize the home environment of the grandchildren.
http://www.expertlaw.com/library/child_custody/grandparents_rights.html
(u/bbm) Emphases or key words being "fit," and "competent"...!! Or how about even safe... or sane!! :banghead:
arrot:
Thanks, Kiki, for the detail and clarification.