Important PA Court Decision About Grandparent/Grandchild Visitation
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Posted by Maryan Pelland Aug 24, 2006 |
Here's important news quoted from an article by the Associated Press.
(from an article written by Mark Scolforo who covers the state Capitol for The Associated Press in Harrisburg, PA).
"...Grandparents do not have to prove that being kept away would be harmful to their grandchildren in order to get court-ordered visitation, the Pennsylvania Supreme Court said in a decision released August 23, 2006.
The court rejected an appeal by Shane Fausey, a federal-prison guard in Lycoming County who argued his constitutional right to make parenting decisions was violated when a county judge gave partial custody to Cheryl Hiller, his dead wife's mother.
"We refuse to close our minds to the possibility that in some instances a court may overturn even the decision of a fit parent to exclude a grandparent from a grandchild's life, especially where the grandparent's child is deceased and the grandparent relationship is long-standing and significant to the grandchild," wrote Justice Max Baer in a four-judge opinion. A fifth justice filed a separate, concurring opinion.
Chief Justice Ralph J. Cappy voiced the only dissent in the case, which was decided Tuesday.
"I would require a grandparent to demonstrate, by clear and convincing evidence, that absent an order granting the grandparent custody and/or visitation, the child is being or will be harmed," Cappy wrote.
"This issue is one that the U.S. Supreme Court may be willing to reconsider sometime soon, perhaps in the context of this case if my client decides to pursue Supreme Court review," Bashman said.
Janice Yaw, Hiller's lawyer in Lycoming County court, said forcing grandparents to demonstrate that a lack of visitation would harm the child would be difficult in most cases.
"The burden on the grandparents is to show that it's in the best interest of the child - not to prove that negative, that it would be harmful to the child if they didn't visit," she said.
From my point of view, it's terrible to use children as footballs in divorce or family differences. Often, a grandchild's relationship with a grand mother or grand father is second in importance only to the parental relationship. It's tough for many seniors to take a stand against family or to fight a legal battle.
This decision seems rational and promising in the struggle to protect childrens' best interests. Make a mental note of this -- it may not affect you now, but you never know what the future can bring. Perhaps your state hasn't taken a stand, but this is certainly a precedent and looks promising for the future.
I almost wish it would go to the U.S. Supreme Court, just to hope for the same positive outcome. We'll have to watch what happens.
The Original Associated Press article.
Here's a piece on grandparent rights, for what it's worth. I'm not familiar with the author or her sources, but she makes interesting points.
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