I find this to be one of the more interesting areas of child and guardian law, where what’s in child’s interest isn’t necessarily that important. In some cases, it may be clearly better for a child to have his grandparents raise him, but the law generally gives parents that right nonetheless.
Here, it looks like the court did do what’s in the interest of the child by requiring grandparent visitation, but it seems to have done so only because of the extended time the grandparents had already spent with her.
By James Dao
New York Times
Published: October 11, 2005
Ohio’s highest court unanimously ruled yesterday that the grandparents of an 8-year-old girl must be allowed to visit her over the objections of her father, upholding the constitutionality of a state law granting nonparents visitation rights to children.
The decision by the Supreme Court of Ohio comes at a time when parents across the nation have been challenging the constitutionality of such laws. While courts in some states, like Florida and Washington, have struck down those laws, courts in others have upheld them.
The Ohio court’s ruling came in a bitter legal battle over Brittany Collier, who was born to a single mother, Renee Harrold, in 1997. She was raised for the first two years of her life by her mother, who lived with her parents, court records show.
In 1999, Ms. Harrold died of cancer, and her parents, Gary and Carol Harrold, were granted temporary legal custody of Brittany…