Question
Original Question - In 2000, a lawyer was representing grandparents who were seeking visitation rights with their grandchildren. At the time, state law allowed grandparents
Original Question - In 2000, a lawyer was representing grandparents who were seeking visitation rights with their grandchildren. At the time, state law allowed grandparents visitation rights and it was likely the grandparents would win at trial. Two days before trial, the US Supreme Court issued its opinion in Troxel vs Granville (https://www.casebriefs.com/blog/law/family-law/family-law-keyed-to-weisberg/child-custody/troxel-v-granville). Although not a healthcare case, this case clearly shows the role of the US Supreme Court. Explain what would happen to the grandparents' chances at trial. Do you agree with the ruling? Why or why not?
Initial post - The supreme court clearly plays a major role in the decision making process of allowing visitation to grandparents. The grandparents chances of winning of winning this trial will become weaker as the supreme court becomes involved. This is due in large part to what the mother of the children is bringing to the table. Clearly the mother does not want the grandparents around too much. Whether this is for good reasoning or not, the parent will always have the upper hand in this situation. Although the mother seems to have the upper hand in the situation, the supreme court does seem to try and be as fair as possible to bot parties in this situation. Multiple times the mothers appeals to the grandparents wishes were granted, but not completely. The supreme court seemed to try and find a middle ground for visitation time specifically in this case. As the mother pushed for very little visitation time, the supreme court recognized that, but still tried to give the grandparents a fair deal. Oftentimes these situations come down to being a fit parent or guardian. If the grandparents in this situation were abusive in some way, or were not fit to take care of the children while visiting, then this would have gone more in the mothers favor. With all of the variables in this specific situation (parents never being married and splitting up, the father committing suicide, and the mother finding a new partner) I can see why the supreme court was easier on the grandparents. Again, if the grandparents weren't doing their job as guardians then this would have ended up much differently.
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