troxel et vir granville argued january decided june washington rev code permits ny person petition visitation rights time authorizes state superior courts grant rights whenever visitation may serve child best interest petitioners troxel petitioned right visit deceased son daughters respondent granville girls mother oppose visitation objected amount sought troxels superior ordered visitation granville desired appealed state appeals reversed dismissed troxels petition affirming state held inter alia unconstitutionally infringes parents fundamental right rear children reasoning federal constitution permits state interfere right prevent harm potential harm child found require threshold showing harm sweeps broadly permitting person petition time requirement visitation serve best interest child held judgment affirmed affirmed justice joined chief justice justice ginsburg justice breyer concluded applied granville family violates due process right make decisions concerning care custody control daughters pp fourteenth amendment due process clause substantive component provides heightened protection government interference certain fundamental rights liberty interests washington glucksberg including parents fundamental right make decisions concerning care custody control children see stanley illinois pp washington breathtakingly broad statute effectively permits disregard overturn decision fit custodial parent concerning visitation whenever third party affected decision files visitation petition based solely judge determination child best interest parent estimation child best interest accorded deference state opportunity declined give narrower reading combination several factors compels conclusion applied exceeded bounds due process clause first troxels allege found granville unfit parent presumption fit parents act children best interests parham normally reason state inject private realm family question fit parents ability make best decisions regarding children see reno flores problem superior intervened gave special weight granville determination daughters best interests importantly appears applied opposite presumption favoring grandparent visitation effect placed granville burden disproving visitation daughters best interest thus failed provide protection fundamental right also gave weight granville assented visitation even filing petition subsequent intervention factors considered superior slender findings show case involves nothing simple disagreement granville concerning children best interests visitation order unconstitutional infringement granville right make decisions regarding rearing children pp instant decision rests sweeping breadth application need consider question whether due process clause requires nonparental visitation statutes include showing harm potential harm child condition precedent granting visitation decide precise scope parental due process right visitation context also reason remand case proceedings visitation order clearly violated constitution parties forced additional litigation burden granville parental right pp justice souter concluded washington second reason invalidating state statute sweeps broadly authorizing person time request judge award visitation rights subject state particular standard consistent prior cases ends case need decide whether harm required consider precise scope parent right necessary protections pp justice thomas agreed recognition fundamental right parents direct children upbringing resolves case concluded strict scrutiny appropriate standard review apply infringements fundamental rights state lacks compelling interest fit parent decision regarding visitation third parties pp announced judgment delivered opinion rehnquist ginsburg breyer joined souter thomas filed opinions concurring judgment stevens scalia kennedy filed dissenting opinions jenifer troxel et vir petitioners tommie granville writ certiorari washington june justice announced judgment delivered opinion chief justice justice ginsburg justice breyer join section revised code washington permits ny person petition superior visitation rights time authorizes grant visitation rights whenever visitation may serve best interest child petitioners jenifer gary troxel petitioned washington superior right visit grandchildren isabelle natalie troxel respondent tommie granville mother isabelle natalie opposed petition case ultimately reached washington held unconstitutionally interferes fundamental right parents rear children tommie granville brad troxel shared relationship ended june two never married two daughters isabelle natalie jenifer gary troxel brad parents thus paternal grandparents isabelle natalie tommie brad separated brad lived parents regularly brought daughters parents home weekend visitation brad committed suicide may although troxels first continued see isabelle natalie regular basis son death tommie granville informed troxels october wished limit visitation daughters one short visit per month smith troxel app december troxels commenced present action filing washington superior skagit county petition obtain visitation rights isabelle natalie troxels filed petition two washington statutes rev code latter statute issue case section provides person may petition visitation rights time including limited custody proceedings may order visitation rights person visitation may serve best interest child whether change circumstances trial troxels requested two weekends overnight visitation per month two weeks visitation summer granville oppose visitation altogether instead asked order one day visitation per month overnight stay wash superior issued oral ruling entered visitation decree ordering visitation one weekend per month one week summer four hours petitioning grandparents birthdays app pet cert granville appealed time married kelly wynn addressing merits granville appeal washington appeals remanded case superior entry written findings fact conclusions law remand superior found visitation isabelle natalie best interests petitioners troxels part large central loving family located area petitioners provide opportunities children areas cousins took consideration factors regarding best interest children considered testimony children benefitted spending quality time petitioners provided time balanced time childrens sic nuclear family finds childrens sic best interests served spending time mother stepfather six children app approximately nine months superior entered order remand granville husband formally adopted isabelle natalie washington appeals reversed lower visitation order dismissed troxels petition visitation holding nonparents lack standing seek visitation unless custody action pending appeals view limitation nonparental visitation actions consistent constitutional restrictions state interference parents fundamental liberty interest care custody management children wash internal quotation marks omitted resolved case statutory ground however appeals expressly pass granville constitutional challenge visitation statute washington granted troxels petition review consolidating case two visitation cases affirmed disagreed appeals decision statutory issue found plain language gave troxels standing seek visitation irrespective whether custody action pending washington nevertheless agreed appeals ultimate conclusion troxels obtain visitation isabelle natalie pursuant rested decision federal constitution holding unconstitutionally infringes fundamental right parents rear children view least two problems nonparental visitation statute first according washington constitution permits state interfere right parents rear children prevent harm potential harm child section fails standard requires threshold showing harm second allowing person petition forced visitation child time requirement visitation serve best interest child washington visitation statute sweeps broadly within province state make significant decisions concerning custody children merely make better decision washington held arents right limit visitation children third persons parents judges parents ones choose whether expose children certain people ideas four justices dissented washington holding constitutionality statute granted certiorari affirm judgment ii demographic changes past century make difficult speak average american family composition families varies greatly household household many children may two married parents grandparents visit regularly many children raised households children living one parent accounted percent children age dept commerce bureau census current population reports population profile understandably households persons outside nuclear family called upon increasing frequency assist everyday tasks child rearing many cases grandparents play important role example approximately million children percent children age lived household grandparents dept commerce bureau census current population reports marital status living arrangements march update nationwide enactment nonparental visitation statutes assuredly due part recognition changing realities american family grandparents relatives undertake duties parental nature many households sought ensure welfare children therein protecting relationships children form third parties nonparental visitation statutes supported recognition varies state state children opportunity benefit relationships statutorily specified persons example grandparents extension statutory rights area persons child parents however comes obvious cost example state recognition independent interest child place substantial burden traditional relationship contrary justice stevens accusation description state nonparental visitation statutes terms course meant suggest children much chattel post dissenting opinion rather terminology intended highlight fact statutes present questions constitutional import case presented question specifically asked decide whether applied tommie granville family violates federal constitution fourteenth amendment provides state shall deprive person life liberty property without due process law long recognized amendment due process clause like fifth amendment counterpart guarantees fair process washington glucksberg clause also includes substantive component provides heightened protection government interference certain fundamental rights liberty interests see also reno flores liberty interest issue case interest parents care custody control children perhaps oldest fundamental liberty interests recognized years ago meyer nebraska held liberty protected due process clause includes right parents establish home bring children control education two years later pierce society sisters held liberty parents guardians includes right direct upbringing education children control explained pierce child mere creature state nurture direct destiny right coupled high duty recognize prepare additional obligations returned subject prince massachusetts confirmed constitutional dimension right parents direct upbringing children cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder subsequent cases also recognized fundamental right parents make decisions concerning care custody control children see stanley illinois plain interest parent companionship care custody management children come momentum respect lacking appeal made liberties derive merely shifting economic citation omitted wisconsin yoder history culture western civilization reflect strong tradition parental concern nurture upbringing children primary role parents upbringing children established beyond debate enduring american tradition quilloin walcott recognized numerous occasions relationship parent child constitutionally protected parham jurisprudence historically reflected western civilization concepts family unit broad parental authority minor children cases consistently followed course santosky kramer discussing fundamental liberty interest natural parents care custody management child glucksberg supra long line cases held addition specific freedoms protected bill rights liberty specially protected due process clause includes righ direct education upbringing one children citing meyer pierce light extensive precedent doubted due process clause fourteenth amendment protects fundamental right parents make decisions concerning care custody control children section applied granville family case unconstitutionally infringes fundamental parental right washington nonparental visitation statute breathtakingly broad according statute text ny person may petition visitation rights time may grant visitation rights whenever visitation may serve best interest child emphases added language effectively permits third party seeking visitation subject decision parent concerning visitation parent children review visitation petition filed matter placed judge parent decision visitation child best interest accorded deference section contains requirement accord parent decision presumption validity weight whatsoever instead washington statute places determination solely hands judge judge disagree parent estimation child best interests judge view necessarily prevails thus practical effect state washington disregard overturn decision fit custodial parent concerning visitation whenever third party affected decision files visitation petition based solely judge determination child best interests washington opportunity give narrower reading declined see statute allow person time petition visitation without regard relationship child without regard changed circumstances without regard harm statute allow person petition forced visitation child time requirement visitation serve best interest child turning facts case record reveals superior order based precisely type mere disagreement described nothing superior order founded special factors might justify state interference granville fundamental right make decisions concerning rearing two daughters sure case involves visitation petition filed grandparents soon death son father isabelle natalie combination several factors compels conclusion applied exceeded bounds due process clause first troxels allege found granville unfit parent aspect case important presumption fit parents act best interests children explained parham ur constitutional system long ago rejected notion child mere creature state contrary asserted parents generally right coupled high duty recognize prepare children additional obligations law concept family rests presumption parents possess child lacks maturity experience capacity judgment required making life difficult decisions important historically recognized natural bonds affection lead parents act best interests children alteration original internal quotation marks citations omitted accordingly long parent adequately cares children fit normally reason state inject private realm family question ability parent make best decisions concerning rearing parent children see flores problem washington superior intervened gave special weight granville determination daughters best interests importantly appears superior applied exactly opposite presumption reciting oral ruling conclusion closing arguments superior judge explained burden show best interest children visitation quality time grandparents think situations commonsensical approach normally best interest children spend quality time grandparent unless grandparent sic issues problems involved wherein grandparents lifestyles going impact adversely upon children certainly case tell verbatim report proceedings troxel super hereinafter verbatim report judge comments suggest presumed grandparents request granted unless children impact ed adversely effect judge placed granville fit custodial parent burden disproving visitation best interest daughters judge reiterated moments later think visitation troxels best interest children shown best interest children decisional framework employed superior directly contravened traditional presumption fit parent act best interest child see parham supra respect presumption failed provide protection granville fundamental constitutional right make decisions concerning rearing daughters cal fam code ann west rebuttable presumption grandparent visitation child best interest parents agree visitation rights granted rev stat tit may award grandparent visitation best interest child significantly interfere relationship parent rightful authority child stat may award grandparent visitation best interest child visitation interfere relationship neb rev stat must find clear convincing evidence grandparent visitation adversely interfere relationship laws supp grandparent must rebut clear convincing evidence presumption parent decision refuse grandparent visitation reasonable utah code ann hoff berg holding north dakota grandparent visitation statute unconstitutional state compelling interest presuming visitation rights grandparents unmarried minor child best interests forcing parents accede grandparental visitation unless parents first able prove visitation best interests minor child ideal world parents might always seek cultivate bonds grandparents grandchildren needless say however world far perfect decision whether intergenerational relationship beneficial specific case parent make first instance fit parent decision kind issue becomes subject judicial review must accord least special weight parent determination finally note allegation granville ever sought cut visitation entirely rather present dispute originated granville informed troxels prefer restrict visitation isabelle natalie one short visit per month special holidays see wash verbatim report superior proceedings granville oppose visitation instead asked duration visitation order shorter requested troxels troxels requested two weekends per month two full weeks summer granville asked superior order one day visitation per month overnight stay participation granville family holiday celebrations see wash verbatim report right bat like say position grandparent visitation best interest children matter much going structured opening statement granville attorney superior gave weight granville assented visitation even filing visitation petition subsequent intervention instead rejected granville proposal settled middle ground ordering one weekend visitation per month one week summer time petitioning grandparents birthdays see wash verbatim report significantly many expressly provide statute courts may award visitation unless parent denied unreasonably denied visitation concerned third party see miss code ann must find parent custodian child unreasonably denied grandparent visitation rights child rev stat may award visitation custodian child denied grandparent reasonable opportunity visit child laws iii iv supp must find parents prevented grandparent visiting grandchild way petitioner able visit grandchild without intervention considered together superior reasons awarding visitation troxels combination factors demonstrates visitation order case unconstitutional infringement granville fundamental right make decisions concerning care custody control two daughters washington superior failed accord determination granville fit custodial parent material weight fact superior made two formal findings support visitation order first troxels part large central loving family located area troxels provide opportunities children areas cousins music app second children benefitted spending quality time troxels provided time balanced time childrens sic nuclear family ibid slender findings combination announced presumption favor grandparent visitation failure accord significant weight granville already offered meaningful visitation troxels show case involves nothing simple disagreement washington superior granville concerning children best interests superior announced reason ordering one week visitation summer demonstrates conclusion well look back personal experiences always spen kids week one set grandparents another set grandparents happened work family turned enjoyable experience maybe family works verbatim report explained due process clause permit state infringe fundamental right parents make childrearing decisions simply state judge believes better decision made neither washington nonparental visitation statute generally places limits either persons may petition visitation circumstances petition may granted superior specific case required anything accordingly hold applied case unconstitutional rest decision sweeping breadth application broad unlimited power case consider primary constitutional question passed washington whether due process clause requires nonparental visitation statutes include showing harm potential harm child condition precedent granting visitation need define today precise scope parental due process right visitation context respect agree justice kennedy constitutionality standard awarding visitation turns specific manner standard applied constitutional protections area best elaborated care post dissenting opinion much adjudication context occurs basis hesitant hold specific nonparental visitation statutes violate due process clause per se see fairbanks mccarter md interpreting standard grandparent visitation statute normally require consideration certain factors williams williams interpreting virginia nonparental visitation statute require finding harm condition precedent awarding visitation justice stevens criticizes reliance characterizes merely guess washington courts interpretation post justice kennedy likewise ore specific guidance await case state highest considered facts course elaborating protection afforded parents laws state constitution post respectfully disagree need hypothesize washington courts might apply washington superior apply statute case like washington presented actual visitation order reasons superior believed entry order appropriate case faced superior application granville family washington chose give statute narrower construction rather gave literal expansive interpretation explained broad construction plainly encompassed superior application statute see supra thus reason remand case proceedings washington justice kennedy recognizes burden litigating domestic relations proceeding disruptive relationship constitutional right custodial parent make certain basic determinations child welfare becomes implicated post case litigation costs incurred granville trip washington system without doubt already substantial explained apparent entry visitation order case violated constitution say without forcing parties additional litigation burden granville parental right therefore hold application granville family violated due process right make decisions concerning care custody control daughters accordingly judgment washington affirmed ordered jenifer troxel et vir petitioners tommie granville writ certiorari washington june justice souter concurring judgment concur judgment affirming decision washington whose facial invalidation state statute consistent prior cases addressing substantive interests stake say issues might well presented reviewing decision addressing specific application state statute trial ante us call turning fresh furrows treacherous field substantive due process moore east cleveland opinion powell washington invalidated state statute based text statute alone application particular ruling rested two independently sufficient grounds failure statute require harm child justify disputed visitation order smith statute authorization person time petition receive visitation rights subject standard ante see error second reason state statute authorizes person time request judge award visitation rights subject state particular standard state statute sweeps broadly unconstitutional face consequently need decide whether harm required consider precise scope parent right necessary protections long recognized parent interests nurture upbringing companionship care custody children generally protected due process clause fourteenth amendment see meyer nebraska pierce society sisters stanley illinois wisconsin yoder quilloin walcott parham santosky kramer washington glucksberg first acknowledged meyer right parents bring children control education protected constitution see also glucksberg supra souter concurring judgment basis settled principle washington invalidated statute authorized contested visitation order intrusive behest person time subject standard construing statute state explained person time language read literally ost notably statut es require petitioner establish substantial relationship child although statute speaks granting visitation rights whenever visitation may serve best interest child rev code state authoritatively read provision placing hardly limit discretion award visitation rights understood specific provision statute allow award visitation whenever thought make better decision child parent done see within province state make significant decisions concerning custody children merely make better decision basis part washington invalidated state statute parents right limit visitation children third persons cases true set exact metes bounds protected interest parent relationship child meyer repeatedly recognized right upbringing sham failed encompass right free judicially compelled visitation party time judge believed make better decision objecting parent done strength parent interest controlling child associates obvious influence personal associations development child social moral character whether good ill adults influence may indoctrinate children choice child social companions essentially different designation adults influence child school even state considered judgment preferable political religious character schoolteachers entitled prevail parent choice private school pierce supra fundamental theory liberty upon governments union repose excludes general power state standardize children forcing accept instruction public teachers child mere creature state nurture direct destiny right coupled high duty recognize prepare additional obligations anomalous subject parent individual judge choice child associates general population merely judge might think enlightened child say least implied pierce parental choice matters merely default rule absence either governmental choice government designation official power choose whatever reason whatever circumstances since question power state highest construe domestic statute apply demanding standard ruling facial see chicago morales opinion stevens end case simply affirm decision washington statute authorizing courts grant visitation rights person time unconstitutional therefore respectfully concur judgment jenifer troxel et vir petitioners tommie granville writ certiorari washington june justice thomas concurring judgment write separately note neither party argued substantive due process cases wrongly decided original understanding due process clause precludes judicial enforcement unenumerated rights constitutional provision result express view merits matter understand plurality well leave resolution issue another day consequently agree plurality recognition fundamental right parents direct upbringing children resolves case decision pierce society sisters holds parents fundamental constitutional right rear children including right determine shall educate socialize opinions plurality justice kennedy justice souter recognize right curiously none articulates appropriate standard review apply strict scrutiny infringements fundamental rights state washington lacks even legitimate governmental interest say nothing compelling one fit parent decision regarding visitation third parties basis affirm judgment jenifer troxel et vir petitioners tommie granville writ certiorari washington june justice stevens dissenting today wisely declines endorse either holding reasoning washington opinion even wiser deny certiorari given problematic character trial decision uniqueness washington statute pressing need review state decision merely requires state legislature draft better statute decided address merits however begin recognizing state rendered federal constitutional judgment holding state law invalid face light judgment believe confront federal questions presented directly washington statute made facially invalid either may invoked many hypothetical plaintiffs leaves open possibility someone may permitted sustain relationship child without prove serious harm child otherwise result response tommie granville federal constitutional challenge state broadly held rev code supp invalid face federal despite nature judgment justice hold washington visitation statute violated due process clause fourteenth amendment applied ante agree justice souter ante opinion concurring judgment approach untenable task reviewing trial application state statute particular facts case one performed first instance state appellate courts case views federal constitution washington state appeals courts yet decide whether trial findings adequate critique trial judgment might offer based upon guess state courts application state statute independent assessment facts case judgments thus agree justice souter respect agree conclusion state made definitive construction visitation statute necessitates constitutional conclusion read state opinion smith interpretation federal constitution made unnecessary adopt definitive construction statutory text critically decide whether statute correctly applied case particular state gave content phrase best interest child rev code supp content might well gleaned state statutes decisional law employing phrase different contexts myriad state statutes decisions least nominally applying thus believe justice souter conclusion statute unconstitutionally imbues state trial judges much discretion every case ante opinion concurring judgment quoting chicago morales breyer concurring premature thus presented unconstrued terms state statute state opinion view significantly misstates effect federal constitution upon construction statute given posture believe identify correct two flaws reasoning state majority opinion remand review trial disposition specific case ii view state erred federal constitutional analysis neither provision granting person right petition visitation absence provision requiring threshold finding harm child provides sufficient basis holding statute invalid applications believe facial challenge fail whenever statute plainly legitimate sweep washington glucksberg stevens concurring judgment washington statute plainly number cases indeed one suspects common arise person among seeking visitation caregiver intimate relation even genetic parent even seem agree many circumstances constitutionally permissible award visitation child parent previous caregiver cases parental separation divorce cases disputed custody cases involving temporary foster care guardianship forth statute plainly sweeps great deal permissible state majority incorrectly concluded statute authorizing person file petition seeking visitation privileges invariably run afoul fourteenth amendment second key aspect washington holding federal constitution requires showing actual potential harm child may order visitation continued parent objections finds support case law recognizes federal constitution certainly protects relationship arbitrary impairment state see infra never held parent liberty interest relationship inflexible establish rigid constitutional shield protecting every arbitrary parental decision challenge absent threshold finding presumption parental decisions generally serve best interests children sound clearly normal case parent interest paramount even fit parent capable treating child like mere possession cases like present bipolar struggle parents state final authority determine child best interests minimum third individual whose interests implicated every case statute applies child become standard practice substantive due process jurisprudence begin analysis identification fundamental liberty interests implicated challenged state action see ante opinion washington glucksberg planned parenthood southeastern casey colleagues course correct recognize right parent maintain relationship child among interests included often constellation liberties protected fourteenth amendment ante opinion cases leave doubt parents fundamental liberty interest caring guiding children corresponding privacy interest absent exceptional circumstances without undue interference strangers child moreover critical case cases applying principle explained constitutional liberty comes presumption albeit rebuttable one natural bonds affection lead parents act best interests children parham see also casey state may presume factfinding stage parental rights termination proceeding interests parent child diverge see also ante opinion despite repeated recognition significant parental liberty interests interests never seen without limits lehr robertson example held putative biological father never established actual relationship child constitutional right notice child adoption man married child mother recognized earlier case parent liberty interests spring biological connection parent child require relationships enduring quoting caban mohammed conversely michael gerald concluded despite biological parenthood established relationship young child father due process liberty interest maintaining connection child sufficiently powerful overcome state statutory presumption husband child mother child parent result presumption biological father denied even visitation child matter state law parent plurality recognized parental liberty interest function simply isolated factors biology intimate connection broader apparently independent interest family see see also lehr moore east cleveland parent rights respect child thus never regarded absolute rather limited existence actual developed relationship child tied presence absence embodiment family limitations arisen simply definition parenthood assumption parent interests child must balanced state interests parens patriae see reno flores santosky kramer critically child complementary interest preserving relationships serve welfare protection santosky yet occasion elucidate nature child liberty interests preserving established familial bonds reserving question seems extremely likely extent parents families fundamental liberty interests preserving intimate relationships children interests must interests balanced minimum prior cases recognizing children generally speaking constitutionally protected actors require reject suggestion comes parental rights children much chattel see ante opinion describing recognition independent interest child constitutional protection arbitrary state interference parental rights extended prevent protecting children arbitrary exercise parental authority fact motivated interest welfare course suggest child liberty interest maintaining contact particular individual treated invariably par child parents contrary interests substantive due process case law includes strong presumption parent act best interest child necessary state appellate courts actually confront challenge statute applied consider whether trial assessment best interest child incorporated presumption neither decide whether trial applied washington statute constitutional way case although explained supra think outcome determination far clear purpose facial challenge like think safe assume trial judges usually give great deference parents wishes persuaded otherwise presumptions notwithstanding recognize may circumstances child stronger interest stake mere protection serious harm caused termination visitation person parent almost infinite variety family relationships pervade society strongly counsel creation constitutional rule treats biological parent liberty interest care supervision child isolated right may exercised arbitrarily indisputably business rather federal employing national standard assess first instance relative importance conflicting interests give rise disputes far guaranteeing parents interests trammeled sweep cases arising statute washington law merely gives individual child may established relationship procedural right ask state act arbiter entirely standard parent protected interests child seems clear due process clause fourteenth amendment leaves room consider impact child possibly arbitrary parental decisions neither serve motivated best interests child accordingly respectfully dissent jenifer troxel et vir petitioners tommie granville writ certiorari washington june justice scalia dissenting view right parents direct upbringing children among unalienable rights declaration independence proclaims men endowed creator view right also among othe rights retained people ninth amendment says constitution enumeration rights shall construed deny disparage declaration independence however legal prescription conferring powers upon courts constitution refusal deny disparage rights far removed affirming one even farther removed authorizing judges identify might enforce judges list laws duly enacted people consequently think entirely compatible commitment representative democracy set forth founding documents argue legislative chambers electoral campaigns state power interfere parents authority rearing children believe power constitution confers upon judge entitles deny legal effect laws view infringe upon view unenumerated right three holdings rest whole part upon substantive constitutional right parents direct upbringing two era rich substantive due process holdings since repudiated see meyer nebraska pierce society sisters wisconsin yoder cf west coast hotel parrish overruling adkins children hospital sheer diversity today opinions persuades theory unenumerated parental rights underlying three cases small claim stare decisis protection legal principle thought produce diverse outcomes relatively simple case us legal principle induced substantial reliance overrule earlier cases urged neither extend theory upon rested new context judicial vindication parental rights constitution even mention requires justice kennedy opinion rightly points judicially crafted definition parents also unless one believes parental rights absolute judicially approved assessments harm child judicially defined gradations persons grandparents extended family adoptive family adoption later found invalid guardians etc may claim wishes parents embrace unenumerated right think obvious whether affirm reverse judgment remand justice stevens justice kennedy ushering new regime judicially prescribed federally prescribed family law reason believe federal judges better state legislatures state legislatures great advantages harm circumscribed area able correct mistakes flash removable reasons reverse judgment jenifer troxel et vir petitioners tommie granville writ certiorari washington june justice kennedy dissenting washington determined petitioners jenifer gary troxel standing state law seek visitation grandchildren notwithstanding objections children parent respondent tommie granville statute relied upon provides person may petition visitation rights time including limited custody proceedings may order visitation rights person visitation may serve best interest child whether change circumstances rev code acknowledging statutory right sue visitation state invalidated statute violative constitution interfered parent right raise child free unwarranted interference smith although parts decision may open differing interpretations seems agreed invalidated statute face ruling nullity first flaw state found statute allows award visitation without finding harm child result visitation withheld second statute allows person seek visitation time view first theory broad correct appears contemplate best interests child standard may applied visitation case acknowledge distinct possibility visitation cases may arise considering absence protection parent state laws procedures best interests child standard give insufficient protection parent constitutional right raise child without undue intervention state quite different matter say understand washington said harm child standard required every instance given error see state central conclusion best interests child standard never appropriate visitation cases first opportunity reconsider case remand case state proceedings found statute applied unconstitutional manner best interests child standard gives insufficient protection parent circumstances case declared statute nullity statute seems allow person seek visitation time decision present issues may may warrant review include protection constitution gives parents visitation also extent federal rules facial challenges statutes control state courts matters however await case judgment review vacated remanded sole ground harm ruling central washington decision error given broad formulation turning question whether harm child must controlling standard every visitation proceeding beginning point commands general perhaps unanimous agreement separate opinions case law developed custodial parent constitutional right determine without undue interference state best raise nurture educate child parental right stems liberty protected due process clause fourteenth amendment see meyer nebraska pierce society sisters prince massachusetts stanley illinois wisconsin yoder santosky kramer pierce meyer decided recent times may well grounded upon first amendment principles protecting freedom speech belief religion formulation subsequent interpretation quite different course long interpreted found fourteenth amendment concepts liberty independent right parent custody care nurture child free state intervention prince supra principle exists broad formulation yet courts must use considerable restraint including careful adherence incremental instruction given precise facts particular cases seek give precise definition right state sought give content parent right announcing categorical rule third parties seek visitation must always prove denial visitation harm child reviewing relevant precedents washington concluded requirement harm sole protection parents pervasive state interference parenting process smith quoting hawk hawk reason hort preventing harm child considered best interests child insufficient serve compelling state interest overruling parent fundamental rights smith supra might argued abstract matter sense child always harmed best interests considered law domestic relations evolved point treats distinct two standards one harm child best interests child judgment washington rests assumption shall assume real consequential differences two standards question whether one standard must always take precedence order protect right parent parents ur nation history legal traditions practices give us clear definitive answers washington glucksberg consensus among courts commentators least century legal right visitation visitation appears phenomenon see kramer legal rights children ed atkinson modern child custody practice case often cited one earliest visitation decisions succession reiss la ann explained obligation ordinarily visit grandparents moral legal conclusion appears consistent american common law jurisdictions time early exceptions occur often cases relative acted parental capacity one child parents died see douglass merriman maternal grandparent awarded visitation child custody awarded father mother died solomon solomon app paternal grandparents given visitation child custody mother son stationed abroad case remanded fitness hearing consaul consaul sup jefferson cty paternal grandparents awarded visitation child custody mother father become incompetent general matter however contemporary decisions acknowledge istorically grandparents legal right visitation campbell campbell utah app safe assume third parties fared better say third parties historical right petition visitation necessarily imply washington concluded parent constitutional right prevent visitation cases involving harm true acknowledged authority intervene prevent harm children see prince supra yoder supra saying heightened harm child standard must satisfied every case third party seeks visitation order also true law traditional presumption natural bonds affection lead parents act best interests children parham imply decision parent agreeable child involves risks automatically transfer power make decision parents agency officer state state conclusion constitution forbids application best interests child standard visitation proceeding however appears rest upon assumptions constitution require principal concern holding seems proceed assumption parent parents resist visitation always child primary caregivers third parties seek visitation legitimate established relationship child idea turn appears influenced concept conventional nuclear family establish visitation standard every domestic relations case know simply structure prevailing condition many households see moore east cleveland many boys girls traditional family two even one permanent caring parent simply reality childhood may whether childhood marked tragedy filled considerable happiness fulfillment cases sure arise perhaps substantial number cases third party acting caregiving role significant period time developed relationship child necessarily subject absolute parental veto see michael gerald putative natural father entitled rebut state law presumption child born marriage child marriage quilloin walcott best interests standard sufficient adoption proceeding protect interests natural father legitimated child see also lehr robertson importance familial relationship individuals involved society stems emotional attachments derive intimacy daily association role plays promot ing way life instruction children well fact blood relationship quoting smith organization foster families equality reform turn quoting yoder relationships serve identify persons strong attachment child concomitant motivation act responsible way ensure child welfare state correct acknowledge relationships enduring certain circumstances child enjoyed substantial relationship third person arbitrarily depriving child relationship cause severe psychological harm child smith harm adult may also ensue design elaboration visitation laws may entitled consider certain relationships avoid risk harm best interests standard employed domestic relations courts circumstances indeed contemporary practice give us pause rejecting best interests child standard visitation cases washington done standard recognized many years basic tool domestic relations law visitation proceedings since enacted visitation statute sort see ante plurality opinion statutes save one permits order issue certain cases visitation found best interests child unnecessary us consider constitutionality particular provision case us noted statutes also include variety methods limiting parents exposure visitation petitions ensuring parental decisions given respect many limit identity permissible petitioners restricting visitation petitions grandparents requiring petitioners show substantial relationship child see stat ann supp grandparent visitation authorized certain circumstances substantial relationship exists stat iowa code supp visitation also authorized stat supp visitation authorized certain circumstances grandparent greatgrandparent stepparent person maintained relationship similar relationship child statutes vary respects instance permit visitation petitions change circumstances divorce death parent see rev stat ann apply presumption parental decisions control see cal fam code ann west laws supp georgia sole state legislature adopted general harm child standard see code ann georgia held state prior visitation statute invalid federal georgia constitutions see brooks parkerson cert denied light inconclusive historical record case law well almost universal adoption best interests standard visitation disputes hard pressed conclude right free review cases implicit concept ordered liberty glucksberg view appropriate conclude constitutionality application best interests standard depends specific factors short fit parent right complete stranger one thing right another parent de facto parent may another protection constitution requires must elaborated care using discipline instruction case law system must keep mind family courts confront factual variations day best situated consider unpredictable yet inevitable issues arise cf ankenbrandt richards must recognized course domestic relations proceeding constitute state intervention disruptive relationship constitutional right custodial parent make certain basic determinations child welfare becomes implicated best interests child standard times criticized indeterminate leading unpredictable results see american law institute principles law family dissolution tentative draft mar single parent struggling raise child faced visitation demands third party attorney fees alone might destroy hopes plans child future system must confront often reality litigation disruptive constitutional protection may required discount possibility instances best interests child standard may provide insufficient protection relationship owe nation domestic relations legal structure however proceed caution suffice case reverse holding state application best interests child standard always unconstitutional visitation cases whether circumstances case order requiring visitation objection fit parent violated constitution reserved proceedings sweeping ruling requiring harm child standard washington occasion address specific visitation order troxels obtained specific guidance await case state highest considered facts course elaborating protection afforded parents laws state constitution furthermore view need address whether correct constitutional standards washington statute invalidated face question addressed state first instance view judgment review vacated case remanded proceedings footnotes statutes provide grandparent visitation form see code alaska stat ann rev stat ann ark code ann cal fam code ann west rev stat stat del code tit stat code ann haw rev stat idaho code comp ch ind code iowa code stat ann rev stat ann baldwin la rev stat ann west supp la civ code art west supp rev stat tit md fam law code ann mass laws comp laws ann supp stat miss code ann mo rev stat supp mont code ann neb rev stat rev stat supp rev stat ann stat ann west supp stat ann dom rel law mckinney stat cent code ohio rev code ann supp okla tit supp rev stat cons stat laws supp code ann supp codified laws code ann supp tex fam code ann supp utah code ann stat tit code ann code stat wyo stat ann footnotes washington made ruling action three separate cases including troxels consolidated smith also addressed two statutes rev code supp former rev code latter even issue case see brief petitioners see also ante constitutional analysis discussed statutory language neither mentioned facts three cases reviewed records trial proceedings decision invalidated statutes without addressing application particular facts conclude petitioners standing written statutes violate parents constitutionally protected interests statutes allow person time petition visitation without regard relationship child without regard changed circumstances without regard harm emphasis added see also rcw former rcw impermissibly interfere parent fundamental interest care custody companionship child citations internal quotation marks omitted justice points provision contains requirement accord parent decision presumption validity weight whatsoever instead washington statute places determination solely hands judge ante cf chicago morales breyer concurring part concurring judgment ordinance unconstitutional policeman applied discretion wisely poorly particular case rather policeman enjoys much discretion every case every application ordinance represents exercise unlimited discretion ordinance invalid applications washington invalidated broadly sweeping statute issue similarly limited reasoning parents judges care child physically disciplined third person parents judges care third person teaches child religion inconsistent parents religion judges parents care child exposed taught racist sexist beliefs many parents judges care two parents ones choose whether expose children certain people ideas citation omitted pivot justice kennedy approach mine footnotes case also involve challenge based upon privileges immunities clause thus present opportunity reevaluate meaning clause see saenz roe thomas dissenting footnotes state held written statutes violate parents constitutionally protected interests smith dissenting judge state appeals noted trial presented guidance proper test applied case troxel app opinion ellington disagreeing appeals majority conclusion state statute constitutionally infirm judge ellington recognized despite disagreement appropriate result simply affirm rather definitive guidance proper construction statute findings necessary order visitation objections parent thus record remand proceedings ibid unlike justice ante find suggestion trial decision case applying presumptions analysis much less one favor grandparents first excerpt justice quotes trial ruling ante says nothing one way another bears burden statute demonstrating best interests certainly indication presumption parents judgment estimation usually always visiting grandparents good children ibid second quotation ante think visitation best interest children shown best interest children sounds though judge simply concluded based evidence visitation case best interests girls verbatim report proceedings troxel super statements provide us definitive assessment law applied regarding presumption either way indeed different impression conveyed judge next comment balanced course wynn tommie granville trying put together family includes eight children trying get children together time put together sort functional unit wherein children raised brothers sisters spend lots quality time together ibid judge went reject troxels efforts attain level visitation son girls biological father alive fact troxel deceased natural parent much grandparents maybe like step shoes brad law grandparents step shoes deceased parent per say sic far whole gamut visitation rights concerned rather judge put understand desire loving grandparents unfortunately impact dramatically children ability integrated nuclear unit mother however one understands trial decision point merely demonstrate surely open interpretation validity state statute written judgment state appellate courts make first instance justice souter conclude state statement statute es require petitioner establish substantial relationship child smith state authoritatively read best interests provision placing hardly limit discretion award visitation rights ante souter concurring judgment apart question whether one deem description statute authoritative construction seems exceedingly unlikely state held statute unconstitutional believed best interests standard imposes hardly limit courts discretion see infra phrase best interests child appears less current washington state statutory provisions governing determinations guardianship termination custody adoption see rev code supp amended version visitation statute enumerating eight factors courts may consider evaluating child best interests cases parental separation divorce best interests child served parenting arrangement best maintains child emotional growth health stability physical care best interest child ordinarily served existing pattern interaction parent child altered extent necessitated changed relationship parents required protect child physical mental emotional harm shall determine custody accordance best interests child indeed washington state courts invoked standard numerous occasions applying statutory provisions phrase quite specific apparent meaning see mcdoyle upholding trial best interest assessment custody dispute mcdaniels carlson elucidating best interests standard paternity suit context broadly search current state custody visitation laws reveals fully separate references best interest child standard number minimum give pause upholds decision implying words face may boundless pass muster federal constitution necessarily follows far stringent demands suggested majority salerno plaintiff seeking facial invalidation must establish set circumstances exists act valid respondent facial challenge must fail suggestion justice thomas case may resolved solely reference decision pierce society sisters unpersuasive pierce involved parent choice whether send child public private school case source broad language scope parents due process rights respect children constitutional principles interests involved schooling context necessarily parallel implications family law visitation context multiple overlapping competing prerogatives various plausibly interested parties stake numerous occasions acknowledged children many circumstances possessed constitutionally protected rights liberties see parham liberty interest avoiding involuntary confinement planned parenthood central mo danforth constitutional rights mature come magically one attains age majority minors well adults protected constitution possess constitutional rights tinker des moines independent community school first amendment right political speech gault due process rights criminal proceedings wisconsin yoder douglas dissenting parents absent dissent normally speak entire family education child matter child often decided views may want pianist astronaut oceanographer break amish tradition future student future parents imperiled today decision parent keeps child school beyond grade school child forever barred entry new amazing world diversity today student judgment parents essential give full meaning said bill rights right students masters majority disagreement justice douglas case turned contrary view children interest education impact free exercise clause first amendment analysis decisions amish community see palmore sidoti judgment state determining reviewing child custody decision ordinarily likely candidate review cf collins city harker heights matters involving competing multifaceted social policy decisions best left local decisionmaking regents university michigan ewing emphasizing reluctance trench prerogatives state local educational institutions federal courts evaluate substance multitude academic decisions made daily experts field evaluating cumulative information caution never essential realm family intimate relations part principle based somewhat arbitrary tradition allocating responsibility resolving disputes various kinds federal system ankenbrandt richards instinct decisions personal relations sustained firmer ground mere tradition flows equal part premise people intimate associations complex particular imposing rigid template upon risks severing bonds society well preserve footnotes whether parental rights constitute liberty interest purposes procedural due process somewhat different question implicated stanley illinois purports rest part upon proposition see see michael gerald plurality opinion though holding independently supported equal protection grounds see stanley supra note respondent asserting behalf substantive due process right direct upbringing children asserting behalf children first amendment rights association free exercise therefore occasion consider whether circumstances parent assert latter enumerated rights