In re Whitaker

The issue of grandparent visitation rights has become a topic of intense interest in this state and elsewhere in recent years. This court has not directly addressed this important issue, but will do so today.

I

At common law, grandparents had no legal rights of access to their grandchildren. In other words, parents had complete authority to grant or deny grandparents the privilege of visiting their grandchildren. See Note, The Constitutional Constraints on Grandparents’ Visitation Statutes (1986), 86 Colum. L. Rev. 118.

This situation has changed dramatically in recent years. Today, forty-eight…