Stephanie Hollie - The Final Paper - 3070324
Stephanie Hollie - The Final Paper - 3070324
Stephanie Hollie - The Final Paper - 3070324
Abstract
In this paper a general overview of the state of Virginia's legislation for visitation and custody to
third parties, primarily grandparents, will be analysed and explained. A simplified definition of
the current legislations in place is given while also giving a brief summary of the precendenting
Supreme Court case that is used as reference in the majority of states custodial and visitation
legislation, and two more cases of parents filing to appeal against visitation granted to
grandparents. A comparison and contrast is given for three selected states, California, Florida,
grandparent and grandchild bond as well as the role of the grandparent in the life of a child is
given.
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On July 16, 2017, Bruce Collins*(see end of paper) was murdered by his wife Jennifer
Collins*. When the police came to arrest her, they found their daughter, Sydony Sullivan*,
standing near her father with her clothes covered in his blood. After Bruce’s funeral, his
mother, Hope Collins*, began to fight for custody of Sydony with Jennifer’s sister Karen Lee*.
Sydony lived with Karen while Mrs. Collins receive occasional visits of her granddaughter. While
the battle for custody was happening, Jennifer’s case was going on at the same time. In
September 2018, Jennifer was found not guilty of second degree murder, and the case was
deemed as one of self defense. Since Sydony’s mother was now free, she automatically
regained custody of Sydony. The fight for custody for Mrs. Collins then became a fight for
visitation. Mrs. Collins expressed how difficult the process was and how the Virginia laws
expectantly favoured parents, leaving for it to be a steep challenge for grandparents to even
receive visitation. However, in January 2019, Mrs. Collins received amazing news that she
would be receiving visitation of her granddaughter, even with her persistent doubts of receiving
such news. Mrs. Collin’s story in visitation is not the first of its kind. Seeking custody or
visitation for grandparents is a tough battle. Even with bringing forth enough evidence to show
that the best interest is in mind when filing the suit, it is not unlikely that the courts will side
Virginia Legislation
In a broad sense grandparents do not have rights over their grandchildren. The
Constitution protects the rights of the parents to govern over their child, making it hard for one
to try to intervene between the parent’s way of caring for a child. However, the legislation in
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place does provide help to them and other extended family members in the road to seeking
custody and visitation. Virginia’s custody and visitation laws stated in §20-124.1. explains how a
“person of legitimate interest,” simply meaning one who is related to the minor in question and
has formed some sort of previous relationship with said minor, may seek visitation. However,
there are certain instances in which one would not be allowed to file a suit, such as, but not
limited to, if one previously lost parental rights (Va. Code §20-124.1.). Virginia attorney Mr.
Brook Thibault explains though Virginia has long shown a preference to parents over third
parties in such disputes, the courts seem to be more open to granted visitation one if the
relations between parent and child has been lost and is beneficial to the child. Along with that,
he explained that there are ten factors, or tests, that the courts use in order to find that the
best interest of the child is in the mind of those who filed the suit as they are stated in §20-
importance of maintaining the child’s relationship with family members other than their
parents.(Va. Code §20-124.3.). Mr. Thibault explains the general idea of the courts, in his
professional opinion, is that in such disputes between parents and grandparents, the overlying
Case Law
Troxel v. Granville
When states determine what rights they shall give in visitation statutes, the majority of
states heavily rely on the precedents Supreme Court case as a main reference. That Supreme
Court case is Troxel v. Granville. To give an overview of the case, Tommie Granville and Brad
Troxel were married with two daughters; however, they later separated in a divorce. Two years
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after this event, Brad Troxel committed suicide. Before his death, Brad’s parents had regularly
seen their granddaughters on weekends. Granville, after the death of her husband, had their
visits shortened to one visit every month. The Troxels’ filed to have their visitation rights
restored under section 26.10.160(3) of the Revised Code of Washington, which states, “The
court may modify an order granting or denying visitation rights whenever modification would
serve the best interests of the child”(2011). The Washington Superior Court ruled in favor of the
Troxels, granting them more visitation time than they had requested. When Granville appealed
to the Washington court of appeals, it was later ruled that such a decision infringes on the
rights of a parent over their child which the Washington Supreme Court affirmed saying such a
statute infringed on parental rights. When brought to the Supreme Court, it was questioned
whether the Washington statute, allowing anyone to petition to the court filing a suit to see a
child against the will of a custodial parent, is unconstitutional. The decision was 6-3, affirming
the two courts’ previous judgments that such a statute is unconstitutional. The Court held that
such a statute violates the due process rights of the Fourteenth Amendment, for parents to
have ultimate rule of judgement in having control of their children. Justice O’Connor stated
that, “the liberty interest at issue in this case - - the interest of parents in the care, custody, and
control of their children - - is perhaps the oldest of fundamental interest recognized by this
Court”(Justice O’Connor, 2000). This means that the court recognizes that it is basic
understanding, even in a court of law, that the rule of the parent over their child in the ultimate
Dotson v. Hylton
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Kathy Dotson and her husband Jeffery Hylton were divorced in November 1995. The two
had a daughter who was four at the time of the divorce. The parents were decided to have joint
legal custody with physical custody to the mother, also granting visitation to the father. In
March 1998, Jeffery was sentenced to ten years in a penitentiary. Soon after, Kathy filed suit for
sole custody to which Jeffery did not object. Jeffery did request that both he and his mother be
granted visitation of his daughter, which both were granted. Kathy appealed the decision,
arguing that the trial court failed to find that visitation would be detrimental to her child if not
given. She further claims that the court failed to provide sufficient evidence to support granting
visitation. The court affirmed the previous decision of granting visitation to grandmother and
father finding that grandparents are parties with legitimate interest over a child, and that the
grandmother's previous established relationship with the child, supports the awarded
visitation. The courts sited codes § 20-124.2 and § 20-124.3 in reference to their decision
Each state has different and similar legislations in place when dealing with visitation.
The following is a small explanation of the visitation legislations in California, Florida, and
California
The courts may grant visitation rights to the grandparents if the court does both of the
following: Finds a preexisting relationship between the minor child and the grandparent that
makes visitation be deemed as the best interest of the child; and balances the interest of the
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minor child against the right of the parents to exercise parental authority (Cal.Fam. Code §10,
2015).
A petition for visitation shall not be considered if the parents or guardians of the child
are still living together. Other circumstances may apply such as if a parent is incarcerated or is
otherwise not present in the life of the child. If the following circumstances no longer exist over
time, the courts may end the granted visitation (Cal.Fam. Code§10, 2015).
Florida
Florida’s visitation laws are more specific in a scenario than others. As stated in Chapter
752 section .011 of the 2019 Florida Statutes, grandparents are allowed to petition for visitation
if, “The parents of the child are deceased, missing, or in a vegetative state.”Any other specific
scenarios that the court deems important, such as any possible threat of the child’s physical,
mental, and emotional wellbeing may be considered. The courts must also identify some sort of
preexisting relationship between the child and grandparent, which the courts may question the
quality by the previous involvement the grandparent had in the child’s life. The courts will also
try to determine if the ended contact between grandparent and child may cause some sort of
Washington
Stated under the Washington legislation, RCW 26.11.020, a person who is not the
parent of the minor who they seek visitation of may petition for visitation with the child if the
following is met: The petitioner has a previously established relationship with the child, is
related to the child of the parent of the child, and/or if the child may suffer harm if visitation is
Each legislation of these three states contain an abundance of similarities. One of these
relationship between the grandparent and child. In the Washington statute they put their own
formed and sustained from interactions, companionship, and mutual interest and affection,
without any sort of expected financial benefit that is maintained for a minimum of two years.
Unless, the child is less than the age of two, then it must be sustained for at least half of the
child’s life. The best interest of the child is the biggest factor in all of this. Though the parents
do have rights, from reading over these legislations, it shows that the courts primarily have
No bond may be the same between people. Each bond that a person may between
family and peers differ greatly. For example, there is a special bond between a parent and child
that could not be replicated between said child and a friend and vice versa. With this
considered, there is also one special bond found in the attachment between one grandparent
and grandchild that can not be replicated. This bond is important to keep nourished
been shown to be beneficial to both parties. Grandparents can play many roles in the lives of
their grandchildren, from a caregiver to a playmate. The strong connection between them that
grows allows for the grandparent to instill family values and teach traditions to the child
(Importance of Grandparents,” n.d.). Sara Moorman explains that grandparents share stories
with their grandchildren about their life and how things were when they were young, which the
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grandchildren can use the fruits of what they learned from those stories in their lives as adults.
Many past studies show that an established relationship increases the quality of life. In an
Australian study, researchers found that having a grandparent involved in the lives of their
grandchildren help for them to remain mentally sharp (Albernaz, 2015). Another study showed
that for more than 1,500 English children, that with the more quality time that they spent with
their grandparents, the fewer emotional and behavioural issues were shown (“Grandparent
Contribute,” n.d.). A strong connection between grandparent and child has even showed to
benefit children by showing a link in the bond to pro-social behavior in children (Albernaz,
2015.). This unique bond is important even though hardships in the family such as a divorce or
remarriage, or even if the child is going through in hard personal experiences. Sometimes that
grandparent of the child is a resource to be able to open up about how these situations may be
affecting them (Albernaz, 2015, p.n.d.). In his article, “Why Grandparent Matter More than
Ever,” Jeff Anderson provides 10 reasons why grandparents are an important resource for
raising children. These include qualities in personality that maybe seen as preferable in caring
for a child as well as logical reasoning. The following are a few of those examples and
reasonings.
More than fifty percent of grandparents state that they see their grandchildren at least
once a week. 92 percent are actively caring for their grandchildren. The time that is spent with
their grandparents helps to benefit the child in being happy and healthy. Anderson quotes Dr.
Karl Pillemer saying “Research shows that as many as nine out of ten adult grandchildren feel
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their grandparents influenced their values and behaviours. Grandparents transmit to their
The life expectancy of adults have gone up in the past several decades. While in 1900 50
percent of American children had at two grandparents, at least, that percentage grew to 90 in
The numbers of intergenerational households have been growing over the years. At the
time of publication of the article, at the last United State census, it was found that more than
10 percent of children lived with at least one grandparent. At the time even the White House
was intergenerational when the First Lady Michelle Obama moved her mother, Marian Shields
Robinson, into the White House to help raise her children (Anderson, 2013).
The same census mentioned before found that 2.7 million grandparents are the primary
caregivers of grandchildren and providing them with all of their basic needs (Anderson, 2013).
At the time of publication, grandparents had control of 75 percent of the wealth in the
United States. A survey by MetLife even found that grandparents would annually spend 1,700
One of the most common beliefs is that older generations are more giving of their
money and time. According to a survey done by the American Grandparents Association,
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grandparents find enjoyment in their roles as caring for their grandchildren (Anderson, 2013).
Grandparents have an abundance of past parenting experience that they can use in the
care of their grandchildren. Another survey done by the American Grandparents Association
found that grandparents believe that they could do better in caring for their grandchildren than
Susan Adcox cites six factours in keeping this strong relationship steady: physical
proximity, frequency of contact, grandparents’ function within the family, the concept of
Physical Proximity
One of the strongest factours in closest of the relationship between grandparent and
grandchild is where they are physically located and the closeness of those locations. Though
location may out of the control of the grandparents, some often make the decision to move
closer for their grandchildren; however, for those without the option to move, financial and
health problems often affects their ability to travel. Due to the advancement in technology,
grandparents have been able to communicate with their grandchildren via things such
FaceTime or Skype. Though many agree that nothing can substitute physical connection (Adcox,
2019).
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Frequency of Contact
Though physical distance can often be a factour in frequent contact other cases such as
a divorce can affect the amount of contact between grandparents and grandchild greatly.
Though the grandparents on the side of custodial parent has more likely increased contact, the
grandparent on the side of the non-custodial parent does not have as much luck. Due to
women being the ones who receive custody more often the men, most often than not the
paternal grandparents are the one who are less active in the grandchildren’s lives (Adcox,
2019).
Grandparents who provide child care or are guardians for their grandchildren are able to
build a greater bond with their grandchildren. Though some grandparents wish that they could
just be the normal grandparent that spoils their grandparent rather than a day care for their
children, research shows the whichever function in the family they may have, it will help build
When a family grows with an expectation that there will be strong bonds between
generations it is more likely for the bond to exist. When families build up those important roles
of caretaking and activeness in keeping connection with extended families, that strong
Emotional Bonding
Grandparents and grandchildren may express closeness on both sides, however the
degree of that closeness are different for both parties. Grandparents will express a greater
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closeness due to their peers and older relatives that may die or move away, so there inner
circle closes in. While for the grandchildren, as they grow, their inner circles will grow with the
new friends the make on their journey in life; however, it is important that grandparents
establish that early emotional connection with grandchild early on in the child’s life to help
keep a lasting bond. Research does show that the parents are important in determining the
Family values build through the parents and grandparents into the grandchildren.
Though the grandchildren will later develop values of their own, families with similarities in
values are often closest. Research has found that the younger generations with believe the
elder to have less social tolerance and be more hypocritical. It is suggested that grandparents
have the openness to listen to the younger generations to avoid conflicts without letting go of
rely on when they are in need of help when caring for their children. Grandparents helping with
watching over children is not uncommon and it only seems to be becoming more common in
our society. In her article in the New York Times, Paula Span explains the life of three
grandparents, including herself, in providing daycare for their children to watch their
grandchildren. Ms. Span, M. Bill Borbely, and Ms. Carol Hewitt all spend a significant amount of
time a week watching their grandchildren of various ages. Ms. Span explains their stories as
being active in their grandchildren’s life from birth to the date of publication of the article. They
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even teach to do important everyday tasks, Ms. Span having her granddaughter help her do
dishes and laundry and Mr. Borbely mowing his children’s law. Sociologists named this trend of
grandparents spending a significant amount of hours in helping with child care as, “intensive
grandparenting,” Ms. Span expresses how being active in she grandchildren’s lives not
something the seems to regret doing. She quotes Ms. Hewitt saying, “I have incredible gratitude
that my daughter and son-in-law have trusted me to help their children” (Span, 2019). Research
between the ages of 51 and 70 with jobs, in which 45 percent of them were providing care for
their grandchildren that she believes is likely to increase (Span, 2019). Jessica Mendoza writes
that about 2.7 million grandparents are the main caregiver of their grandchildren, which has
gone up by seven percent since 2009 as of the date of publication (Mendoza, 2016). As
caregivers, the bond formed between grandparent and grandchild can grow so much more than
imagined. This growth isn’t only beneficial for grandparents though. Susan Wells, explained
how relying on her in-laws to be caregivers of her children were helpful for here to continue in
her career as well as have more personal time. Grandparents being caretakers is a great
opportunity; however, of course there can be some setbacks. Mrs.Wells also explained how her
in-laws spoiled her children a little to much and was hesitant to set rules due to her lack of
experience as a parent and not paying them for their service. Mrs.Wells provides good points
that though it is natural for a grandparent to want to spoil their grandchild that boundaries and
rules do need to be set when the grandparent takes care of the child (Wells, 2011).
It is not uncommon to find that a grandparent is raising their grandchild. Along with
grandparents being the caretakers of their grandchildren, the numbers in grandparents being
the guardian of their grandchildren has been growing. In 2010, one out of fourteen children live
with their grandparents in the U.S. This trend has risen in the past several decades, the
percentage doubling from 1970 to 2010 from three percent to seven percent. Researchers have
also noticed a sudden raise in grandparent guardianship during times of the 1980s crack
cocaine epidemic and the “Great Recession” between the years 2007 and 2009 (Scommegna,
2012). Though there are few households in which grandparents providing care for child with
the parent exist, there are connections to complicated family circumstances leading to the
situation which causes distress for both the child and grandparent (Scommegna, 2012).
Conclusion
The grandparent and grandchild bond is a special bond that should be protected and
nourished. The unique bond provides benefits for both parties from social productivity in
grandparents have no rights to their grandchildren and the courts will favour to thee rights of
the parents, there is not a loss of hope for grandparents in keeping the relationship with their
grandchildren strong. When able to prove that the reason to pursue visitation or custody of the
grandchild is that of the best interest of the child and/or the parent if unfit to care for the child,
the grandparent of the child has hope to keep that connection with their grandchild.
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Anderson, J. (2013, October 22). Why grandparents matter more than ever. Retrieved
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