Camburn v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that before visitation may be awarded over a parent’s objection the parent must be shown to be unfit by clear and convincing evidence, or there must be evidence of compelling circumstances
• requiring a showing either of parental unfitness or compelling circumstances such as significant harm to child in the absence of visitation not merely that child would benefit from visitation
• requiring a showing either of parental unfitness or compelling circumstances such as significant harm to child in the absence of visitation not merely that child would benefit from visitation
• stating that where a parent is fit, before visitation can be awarded to a grandparent over the parent’s objection “there must be evidence of compelling circumstances to overcome the presumption that the parental decision is in the child’s best interests”
• relying on evidence of grandparent unfitness in finding the mother's decision to deny visitation was reasonable
• reversing award of grandparent visitation when no compelling circumstances were present to overcome the presumption that the decision by the fit parents was in the children's best interests

Source: CourtListener parenthetical corpus (CC0).