Hoag v. Diedjomahor

Opinion

RICHLI, J.

Like the landmark case of Troxel v. Granville (2000) 530 U.S. 57 [147 L.Ed.2d 49, 120 S.Ct. 2054] (Troxel), this case involves a grandparent, whose adult child has died, seeking visitation with that child’s minor children over the objection of their surviving parent.

Troxel commands the courts to presume that the surviving parent’s objection to grandparent visitation is in the best interest of the children. However, this does not mean that the surviving parent is free to use the denial of visitation as Big Bertha in his or her personal war with the grandparent. Here, the trial…