Last Monday the U.S. Supreme Court declined to review an award of grandparent's visits by the Pennsylvania Supreme Court. The case concerned a conflict between a father and the mother of his deceased wife. The Pennsylvania state court ordered the father to allow visits between his son and the maternal grandmother.

This decision continues a long standing debate. On one side, parents assert their constitutional rights to raise their own children without state interference. On the other side, grandparents and child advocates argue for the rights of children to pursue their best interests even over the objections of their parents.

Parents won a major victory in 2000. In that year, the Supreme Court found a Washington state statute had been applied unconstitutionally. The Washington statute unconstitutionally allowed a court to substitute its judgment for the decision of fit parents regarding grandparents' visits.

Twelve states have no provision for grandparents' visits. The two states where I practice allow for some grandparents' visits in certain circumstances. In Kansas, grandparents can get court ordered visits if they can prove that they have a substantial relationship with their grandchild and the visits serve the child's best interest. In Missouri, courts can order grandparents' visits, but not if the parents are married to each other.

Should courts require parents to allow their children to visit their grandparents? Please post your comment.