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?
Lorfeld, Paula A.
"Have State Judiciaries Become Legislatures When Grandma Comes to Court?: State Court Decisions in the Post-Troxel Era,"
Marquette Elder's Advisor: Vol. 5
, Article 8.
Available at: http://scholarship.law.marquette.edu/elders/vol5/iss2/8