Legal Opinion · Concurring in part, dissenting in part

Smith v. Stillwell-Smith

Washington Supreme Court

Decided December 24, 1998No. Nos. 65605-3; 65699-1; 66207-0Published

1Concurring in part, dissenting in partTalmadge, J.

(concurring/dissenting) — While I agree with the majority’s holding that the plain language of RCW 26.10.160(3) and former RCW 26.09.240 provides the petitioners standing to seek visitation with the respective children in these consolidated cases, I disagree with the majority’s view that such visitation intrudes unconstitutionally into the realm of parents’ protected interests. By eliminating the limited right these statutes provides for nonparents to seek visitation with children, the majority opinion will have cruel and far-reaching effects on loving relatives, particularly grandparents of…

2Cases cited32 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Pierce v. Society of SistersSupreme Court of the United States · 1925

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