Article Title
Abstract
Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?
Repository Citation
Lorfeld, Paula A.
(2012)
"Have State Judiciaries Become Legislatures When Grandma Comes to Court?: State Court Decisions in the Post-Troxel Era,"
Marquette Elder's Advisor: Vol. 5:
Iss.
2, Article 8.
Available at:
https://scholarship.law.marquette.edu/elders/vol5/iss2/8