In Re Marriage of Howard

How courts have described this case

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

• holding that a state may only compel grandparent visitation if there is “a showing of harm to the child beyond that derived from the loss of the helpful, beneficial influence of grandparents”
• stating that Supreme Court decisions were “helpful” but not binding and the decisions of state courts of last resort “could prove helpful”
• holding grandparent visitation statute unconstitutional because it allowed the court to grant grandparent visitation where parents were divorced without a determination of parental unfitness
• finding the grandparent-visitation statutory provision unconstitutional because it allowed unwarranted intrusions into the decisions of fit parents
• declaring statute involving grandparent visitation after parental divorce facially unconstitutional due to statute's failure to require both a showing of parental unfitness and harm to the child beyond mere loss of a beneficial relationship to the grandparents
• declaring statute involving grandparent visitation after parental divorce facially unconstitutional due to statute's failure to require both a showing of parental unfitness and harm to the child beyond mere loss of a beneficial relationship to the grandparents

Source: CourtListener parenthetical corpus (CC0).