The Supreme Court case of Troxel v. Granville, decided in 2000, has had an important influence on New York law surrounding grandparents’ rights (and the rights of non-parent relatives like aunts, uncles, and stepparents).

In Troxel, the Court struck down a Washington state law that gave visitation rights to non-parent relatives even when parents objected to non-parent relatives having contact with their children. The Court reasoned that Courts should presume that a “fit” parent acts in the best interest of his or her child. Indeed, parents have a constitutional right to rear their children as they see suitable, and inclusive of this right is the ability to refuse to associate with any particular party. Thus, any law that sought to override the “special weight” assigned to a parent’s decision was unconstitutional.

However, the Court did set a limit on parental rights. The deference afforded to a parent can be overcome by a compelling government interest supported by facts. Therein, in the event of government intervention into a family, it may be possible for grandparents or other non-parent relatives to gain visitation or custody rights.