Abstract
Professor Marrus examines the 2000 United States Supreme Court decision in Troxel. She argues that the as-applied invalidation of the Washington statute does not give sufficient guidance to the states in dealing with third-party visitation over parental objections. She analyzes prior Supreme Court cases dealing with parental rights and concludes that within certain parameters court coerced grandparent-grandchild visitation may be constitutional. She develops an analytical framework based on the distinction between standing to sue and the substantive determination of what is in the child's best interests. She also proposes a model statute that will permit more refined decision making by state courts.
How to Cite
43 Ariz. L. Rev. 751 (2001)
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