Family Law Issue Presented to the United States Supreme Court

posted by Judge_Burke @ 15:13 PM
October 3, 2011

For judges who handle family law cases or who are interested in the issues of how the courts should approach family law issues  closely following the docket of the United States Supreme Court isn’t a high priority. Rarely does the United States Supreme Court issue opinions on  family law issues.  So it was interesting to note that  SCOTUS  blog reports it’s  petition of the day :

E.R.G. v. E.H.G.

Docket: 11-311
Issue(s): Whether under the Due Process Clause of the Fourteenth Amendment, grandparents who seek court-ordered visitation with their grandchildren must prove that a compelling circumstance necessitates visitation, or whether constitutional requirements are instead satisfied where the court considering the visitation request applies a presumption in favor of the parents’ wishes and places on the petitioning grandparent the burden of proving that visitation is in the children’s best interest.

Certiorari stage documents:

  • Opinion below (Ala.)
  • Petition for certiorari      One of the most common justifications for the United States Supreme Court to accept a petition  is a split of opinion among federal circuits and or states. If this petition is accurate there is a major split among states about what standard should be applied when grandparents seek visitation. 

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