Grandparents Rights?

LeslieAGD · #1 08-01-2003, 01:08 PM

Michigan Court Rules Against Grandparents
Michigan Supreme Court Says Grandparents Don't Have Right to Visit Grandchildren
The Associated Press

LANSING, Mich. Aug. 1 —

Grandparents don't have the right to visit their grandchildren if a parent with custody doesn't want them to, the Michigan Supreme Court said Thursday as it found the state's so-called grandparent visitation law unconstitutional.

The 6-1 decision involved a dispute between Theresa Seymour and her former mother-in-law, Catherine DeRose, over visits with Seymour's daughter.

"I have never even seen her since she was 1 year old," a crying Catherine DeRose told The Detroit News. "She's going to be 8."

DeRose's attorney, Richard Victor, said he thought the court misread a 2000 U.S. Supreme Court decision that found a Washington state law went too far in allowing any person to win a court-ordered right to see a child any time such visitation was found to be in a child's best interest.

Seymour's attorney, Sarah J. Biggs, said she had not yet seen the opinion but added, "It sounds like my client will be very pleased in that we accomplished what we set out to do."

Joseph DeRose, Seymour's ex-husband, pleaded guilty in 1997 to first-degree criminal sexual conduct involving a child who was not his daughter, and was sentenced to 12 to 20 years in prison. Seymour filed for divorce and was awarded sole custody of their daughter.

The state law authorized court-ordered visitation by a grandparent in cases where a judge found it in the best interest of the child. A judge granted visitation rights to Catherine DeRose, but an appeals court vacated that decision last year.

The Michigan high court ruled that under the U.S. Supreme Court opinion, "It is not enough that the trial court simply disagrees with decisions the parents have made regarding third-party visitation."

Justice Marilyn Kelly dissented, saying the statute was not unconstitutional, but she agreed the trial court infringed on Seymour's interests in raising her children.

http://abcnews.go.com/wire/US/ap20030801_42.html

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Michigan is *I think* the sixth state to declare this type of ruling. Do you agree or disagree with this ruling? How do you feel about Grandparents rights?

As someone who comes from a close, extended family, I find it appaling that grandparents are being closed out of their grandchildrens lives. I understand that there are cases where it's a custody or safety issue, but it's seems as though this ruling can be taken out of context to depriving kids of loving family.

docetboy · #2 08-01-2003, 02:01 PM

I agree, Grandparents should have visitation rights, however, it should not be up to the courts to force it. If the legal guardians of the child does not wish their grandparents to see their daughter, there should not be a court order forcing otherwise.

I see the law that was overturned as just another way to force the government into families...lay off! Yes, a grandparents should have every opportunity to visit a grandchild....yes, it's wrong if they aren't able to...but it should not be through court-forced visitation!

bethany1982 · #3 08-01-2003, 02:04 PM

Quote:

Originally posted by docetboy
I agree, Grandparents should have visitation rights, however, it should not be up to the courts to force it. If the legal guardians of the child does not wish their grandparents to see their daughter, there should not be a court order forcing otherwise.

I see the law that was overturned as just another way to force the government into families...lay off! Yes, a grandparents should have every opportunity to visit a grandchild....yes, it's wrong if they aren't able to...but it should not be through court-forced visitation!

In a perfect world.

docetboy · #4 08-01-2003, 02:07 PM

I'm not willing to use the courts as a solution for the non-perfect world we live in.

kappaloo · #5 08-01-2003, 02:08 PM

I think it's horrible that people can't resolve these issues on their own considering first and formost what is best for the children involved..

That said... the idea of Grandparents rights is kinda... I don't know... how far are we willing to say people have the right to see their family? (I'm close with my extended family upto my father's cousins an their children) - what about 'aunt's rights? First cousin rights? ... etc....

I just don't were we can put a line....

Optimist Prime · #6 08-01-2003, 03:21 PM

I wouldn't want his family around my daughter either.

valkyrie · #7 08-02-2003, 02:09 PM

I have to say that if I had a kid (and thank goodness I don't) I would under no circumstances let my kid spend time with a the parents of a man who sexually assaulted another child. This grandmother should get the point -- her son is a child sex offender, and for her to even have made a peep when the mother didn't let her see the grandchild to me is a bit outrageous.

I think that it should be entirely up to the parents. In an ideal world, we get along with our families but sometimes we don't and it's not the government's place to force family relationships.

pinkyphimu · #8 08-02-2003, 02:16 PM

but her son is the sex offender...not her! the son is in jail, so it is not like he is going to be there.

i know that if my brother and his wife ever split, my parents will sue for custody of my nephew. why? bc they practically raise him now. the provide clothes, food, diapers, etc for him! plus he spends more time with my parents than he does with his parents!! my parents will do anything for that little boy and if my sis-in-law ever said that my parents couldn't see him bc of something my brother did...the isht would hit the fan! and believe me, my brother is NOT an angel!!!

valkyrie · #9 08-02-2003, 03:59 PM

Quote:

Originally posted by pinkyphimu
but her son is the sex offender...not her! the son is in jail, so it is not like he is going to be there.

That's true. The thing is, though, I wouldn't find it hard to imagine that something that happened when the son was growing up or something in how he was raised resulted in him being a sex offender. I don't know much at all about child sex offenders, but I wouldn't be willing to think that his parents had absolutely nothing to do with it. I'm not saying that his parents are to blame, but you just couldn't know that.

KillarneyRose · #10 08-04-2003, 07:39 PM

My children are my responsibility and it is up to ME to look out for their best interests. It is not the responsibility of some judge!

If the custodial parent doesn't want a child to see his or her grandparents, then the child should not see them. Game, set, match, the end.

SigkapAlumWSU · #11 08-04-2003, 09:18 PM

You've got to think about it from the mother's point of view. She got a divorce, and obviously want's nothing to do with that side of the family. Yes, it was the father who was the sex offender, but every time the child's mother sees his family, it's got to bring up some horrible feelings. That's just how I'd feel.