Friday, April 14, 2006

Case Law Development: Excessive Grandparent Visitation Awards Unconstitutional

The Missouri Court of Appeals reversed an award of grandparent visitation that allowed grandmother four weeks of visitation during the summer and visitation whenever grandmother was in town if she gave seven days notice.  While reaffirming that the grandparent visitation statute was constitutional in allowing grandparent visitation, the court reversed the visitation orderd in this case as "the visitation awarded here is not a minimal intrusion on the family relationship."  To be constitutional, the court held, the visitation order "must still be only occasional, temporary visitation that is not commensurate with parental visitation and is only a minimal intrusion on the family relationship."

Bryan v. Garrison, 2006 Mo. App. LEXIS 430 (April 11, 2006)
Opinion on the web (last visited April 13, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/04/case_law_develo_18.html

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