High court may revisit grandparents' rights

By STEPHANIE REITZ
Associated Press

HARTFORD, Conn. — Increasingly, a wrenching dispute is playing out in courts nationwide: balancing parents' constitutional rights to raise their children without interference against grandparents' desire to be involved in those youngsters' lives.

Now, a growing number of grandparents are pushing lawmakers around the country to change state standards they say are too restrictive and ignore the unique bonds many grandparents have with their grandchildren.

The U.S. Supreme Court is expected to decide this winter whether it will revisit the issue, which it addressed 11 years ago in a landmark case out of Washington state that makes competent parents' wishes the guiding principle in most disputes.

Although all state laws must meet that constitutional threshold, their efforts have resulted in a patchwork of state court rulings and legislation. They now impose such a variety of conditions that the parties' home states can affect the cases almost as much as the specifics.

Connecticut, Florida and Arizona are considered among the most parent-friendly based on their laws or court precedents. Others are considered more grandparent-friendly, including Utah, Kansas and Oklahoma.

Connecticut has become a battleground state in the issue for two reasons: its protections for parents are among the nation's strictest and many of its grandparents are very vocal in their push to change it.

A task force will advise the General Assembly this winter on whether to change state law to give grandparents more chance to get into court to argue their cases.

"Right now it's the luck of the draw if you're some poor family stuck in a state that doesn't stand behind that grandparent-grandchild bond and attachment," said Susan Hoffman, 59. She founded Advocates for Grandparent Grandchild Connection after losing her California petition for visitation when her adult son signed away parenting rights to her grandson.

The growing movement among grandparents' groups has alarmed many parents and their advocacy groups nationwide, including organizers and participants on the parentsrights.com website.

Many say they are being pilloried by those who wrongly accept stereotypes that all grandparents are loving and supportive. And they say they're being drained financially to defend parenting rights the Supreme Court has already upheld.

Polly Tavernia, 41, said her New York case cost her family almost $10,000 even though her estranged mother's petition was eventually dismissed.

"It was one of the worst things I've ever been through," she said. "It's honestly just horrible to have to worry about someone else making those decisions for you, especially when they don't know the whole story."

All 50 states have laws governing the conditions for non-parent third parties seeking visitation, but it was only in 2000 that the U.S. Supreme Court's ruling said none of those laws can infringe on the rights of competent parents.

Source http://www.kansas.com/2011/11/06/2091841/high-court-may-revisit-grandparents.html