Appel v. Appel

¶1 We return to grandparent visitation, addressed previously in both the United States Supreme Court, Troxel v. Granville, 530 U.S. 57, 120 S. Ct. 2054, 147 L. Ed. 2d 49 (2000), and in this court, In re Custody of Smith, 137 Wn.2d 1, 969 P.2d 21 (1998), aff’d on narrower grounds by Troxel, 530 U.S. 57. But here we examine a different grandparent visitation statute, RCW 26.09.240. Applying Troxel and Smith we hold this statute is unconstitutional, reverse the Court of Appeals, and reinstate the trial court’s decision.

Sanders, J.

FACTS AND PROCEDURAL HISTORY

¶2 “C” was born December 25, 1992, to…