Seeing how the court had no right to impose visitation on Haven in the first place, I don't see how she can expect to get Haven two weeks in a row or even a week out of every month. What happens when school starts??
In Troxille v. Granville (2000) the United States Supreme Court held a Washington grandparent visitation statute unconstitutional. In part the court held "...the Due Process Clause does not permit a State to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a 'better' decision could be made..." Troxille v. Granville.147.L.Ed.2d 61 (2001). The ONLY ruling adverse to that of date is from Kansas Supreme Court on Skov v. Wicker. They said: Kansas grandparent visitation statutes were constitutional because the Court distinguished Kansas grandparent visitation statutes from the Washington grandparent visitation statute. The Court held that the limitations imposed on grandparent visitation by K.S.A. 38-129(a) remedies the issue of constitutionality. Skov v. Wicker. 272 Kan. 240 (2001). The court distinguished from the two statutes by stating that grandparents could be granted visitation rights IF the burden of proof is upon the grandparents to show such visitation is in the child's best interests AND that a substantial relationship with the grandchild exists.
Did you ever contact the ACLU?? I can't remember if it's Mississippi or Alabama, so below are links to both.
In Troxille v. Granville (2000) the United States Supreme Court held a Washington grandparent visitation statute unconstitutional. In part the court held "...the Due Process Clause does not permit a State to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a 'better' decision could be made..." Troxille v. Granville.147.L.Ed.2d 61 (2001). The ONLY ruling adverse to that of date is from Kansas Supreme Court on Skov v. Wicker. They said: Kansas grandparent visitation statutes were constitutional because the Court distinguished Kansas grandparent visitation statutes from the Washington grandparent visitation statute. The Court held that the limitations imposed on grandparent visitation by K.S.A. 38-129(a) remedies the issue of constitutionality. Skov v. Wicker. 272 Kan. 240 (2001). The court distinguished from the two statutes by stating that grandparents could be granted visitation rights IF the burden of proof is upon the grandparents to show such visitation is in the child's best interests AND that a substantial relationship with the grandchild exists.
Did you ever contact the ACLU?? I can't remember if it's Mississippi or Alabama, so below are links to both.
http://www.msaclu.org/intake.html
http://www.aclualabama.org/GetHelp/GetHelp.htm
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