Graduate Thesis Or Dissertation
 

A content analysis of court opinions about grandparent visitation rights

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https://ir.library.oregonstate.edu/concern/graduate_thesis_or_dissertations/b8515r16v

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  • The current study was a content analysis of court opinions on grandparent visitation rights using the method of grounded theory. The research questions addressed in this study were: (a) On what bases were grandparents granted legal standing to petition for visitation with their grandchildren? (b) What was the legal reasoning for denying or granting visitation rights to grandparents who obtained legal standing? Results showed that 32 out of 103 (31%) grandparents were denied legal standing. Of those grandparents who acquired legal standing (n=71), 34% were denied visitation. Failure to meet statutory requirements was the leading justification for denying grandparents legal standing and visitation rights. Hesitation to intrude on parents' fundamental rights and a strict interpretation of the best interest of the child standard were also justifications used to deny grandparents legal standing and visitation rights. Although parental rights often superceded grandparent rights, this study found that grandparents have gained some legal ground. Thirty-one out of 103 (31%) grandparents in this study were awarded visitation with their grandchild. Some grandparents were awarded visitation with grandchildren in intact families. Visitation rights for five grandparents were given or upheld following the adoption of the grandchild. Gains in legal rights were evident in decisions that interpreted grandparent visitation statutes as seeking to balance the rights of parents, grandparents, and children instead of only parents and children. These facts illustrate a slow shift in family law.
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