High Court decision gives local families hope
Says Washington State law infringes on parents' rights

By Beth Chaney
Of The Daily Independent

WASHINGTON — Some local families are wondering how this week's U.S. Supreme Court ruling on grandparents' visitation rights will affect their own families.

The country's highest court ruled Monday that the Washington State law on visitation with children is ``breathtakingly broad."

The court was critical of Washington's law that was aimed at helping grandparents win visitation rights. The court said the law trampled on parents' ``fundamental rights to raise their families free from government interference ..."

This decision was a result of the Troxel vs. Granville case in which the paternal grandparents sought visitation with their two grandchildren, despite the objections of the mother. The father is deceased.

``The court's ruling that the statute had been unconstitutionally applied is a serious blow to outside interference in family matters," the American Civil Liberties Union said in a statement.

While it is still uncertain what consequences the verdict will have, if any, on the other 49 states, some local parents in similar situations  expect it to have a positive outcome on their cases.

Melanie and David Brown of Worthington are the adoptive parents of 9-year-old Odessa. For the past three years they have been in and out of court over visitation rights of the child's grandmother, Shirley Kitts.

``When I heard the Supreme Court ruling, I was tickled to death," David Brown said Tuesday. ``Totally overjoyed."

The Browns believe the court's apparent support of parental rights will have a positive effect on their future legal endeavors.

``We feel like the (current) law takes away our rights as parents to make decisions for our children," Melanie Brown said.  ``We plan to talk to our attorney to see how this decision can help us get those rights back."

``I think it's wrong to take children away from their family," Kitts, of Franklin Furnace, said. ``I don't think grandparents should lose their rights because their child dies or does something wrong. They should not delete grandparent's rights."

The Johnson family of Flatwoods is also struggling with the issue of grandparents' rights. They claim the paternal grandparents are seeking visitation with their children despite their objections. 

``I feel the government needs to worry if these kids are being fed, clothed and taken care of and not so much about who gets to spend what weekends with my children," said Amanda Johnson, a mother of two.  

Johnson said it appears the Supreme Court agrees with her position.

``However, I hate that this may hurt grandparents who deserve to see their grandkids."

The grandmother involved in the Johnson case declined to comment.

BETH CHANEY can be reached by phone at (606) 326-2654.

http://www.dailyindependent.com/archives/june_00/07/local3.html