In re the Marriage of Friedman

¶ 27 The fact that in many instances children benefit from relationships with their grandparents is not at issue. The issue is whether circumstances exist that permit the state to interfere with parental decision-making and compel those relationships. Because the majority impermissibly diminishes the constitutional presumption favoring the decisions of fit parents, I dissent.

¶ 28 The majority correctly observes that parents enjoy a fundamental liberty interest under the Fourteenth Amendment to the “care, custody, and control of their children,” with a “presumption that fit parents act in the…