I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: Does Troxel vs. Granville impact joint physical custody? Do all states have a presumption of joint physical custody based upon a Supreme Court ruling in 2000? I was told that case was Troxel vs. Granville; however, I do not see how that ruling set a standard for all states to enact a presumption of joint physical custody and move away from the "Best Interest of the Child" Standard.
ANSWER: Troxel vs. Granville does not impact joint physical custody. Somebody gave you the wrong case citation.
Troxel vs. Granville was a U.S. Supreme Court decision relating to grandparent visitation rights, and it neither impacts joint physical custody nor relates to the best interest of the child standard.
It affirmed a Washington Supreme Court holding that parents have a right to limit visitation of their children with third persons, and that between parents and judges, the parents should be the ones to choose whether to expose their children to certain people or ideas.
In that case, the deceased father's parents sought visitation with their grandchildren. The children's mother refused to allow visitation.
The U.S. Supreme Court held that a Washington statute which allowed the grandparents to seek visitation, irrespective of whether a custody action was pending, unconstitutionally infringes on the fundamental right of parents to make decisions concerning the care, custody and control of their children.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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