Troxel v. Granville and Parental Rights - Melvin
Parental rights attorney Salt Lake City Melvin A. Cook has successfully represented men in a variety of family law disputes, including divorce, visitation rights, child custody, alimony and child support.
Logo 801-746-5075
9571 South 700 East, Suite 104 Sandy, , UT 84070
Call: 801-746-5075

Troxel v. Granville and Parental Rights

by Melvin Cook

RECENT POSTS
  • Legacy of a Legal Icon

    Legacy of a Legal Icon  Read more...

  • COVID-19 and Religious Liberty -- A New Supreme court Case

    COVID-19 and Religious Liberty — A New Supreme court Case  Read more...

I have recently posted about grandparents’ rights and the U.S. Supreme court case of Troxel v. Granville, 530 U.S. 57 (2000). That case arguably limited grandparents’ rights to a degree by striking down a broadly-worded Washington state statute that gave state courts wide latitude to award third party visitation rights over parental objections, based on a “best interests of the children” standard.

However, the flip side of Troxel is that the Court showed its ongoing unwavering commitment to protecting parental rights, which it has long upheld as a fundamental liberty interest deserving of the highest legal protection. Along these lines the Court stated:

In subsequent cases we have recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their children�Wisconsin v. Yoder, 406 U.S. 205, 232, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972) (“The history and culture of Western civilization reflect a strong tradition of parental concern for the nurture and upbringing of their children. This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”); Quilloin v. Walcott, 434 U.S. 246, 255, 54 L. Ed. 2d 511, 98 S. Ct. 549 (1978) (“We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected”); Parham v. J. R., 442 U.S. 584, 602, 61 L. Ed. 2d 101, 99 S. Ct. 2493 (1979) (“Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course”); Santosky v. Kramer, 455 U.S. 745, 753, 71 L. Ed. 2d 599, 102 S. Ct. 1388 (1982) (discussing “the fundamental liberty interest of natural parents in the care, custody, and management of their child”); Glucksberg, supra, at 720 (“In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the ‘liberty’ specially protected by the Due Process Clause includes the right … to direct the education and upbringing of one’s children” (citing Meyer and Pierce)). In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.

It would not be an exaggeration to state that the work of child rearing by devoted parents is one of the basic building blocks of Western Civilization.

It is certainly reassuring for parents to know that the highest Court in the land consistently holds in the highest esteem their fundamental right to direct the upbringing of their children.

Contact a Salt Lake City Attorney Committed to Protecting Your Rights

When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.

* fields are required