context: Finally, other state courts have also found their nonparental visitation statutes to be constitutionally infirm.
citation_a.signal: see
citation_a.identifier: 87 Cal.App.4th 1099, 1110
citation_a.parenthetical: Relying on Troxel, the California Court of Appeal concluded that the trial court's application of California's nonparental visitation statute over mother's objections violated mother's fundamental parental rights where the mother was fit and was willing to voluntarily schedule visitation and the trial court applied an erroneous presumption that visitation with the paternal grandparents was in the child's best interest.
citation_a.sentence: See Punsly v. Ho, 105 Cal.Rptr.2d 139, 147, 87 Cal.App.4th 1099, 1110 (2001) (Relying on Troxel, the California Court of Appeal concluded that the trial court's application of California's nonparental visitation statute over mother's objections violated mother's fundamental parental rights where the mother was fit and was willing to voluntarily schedule visitation and the trial court applied an erroneous presumption that visitation with the paternal grandparents was in the child's best interest.); Belair v. Drew, 776 So.2d 1105, 1107 (Fla.Dist.Ct.App.2001) (Florida's Fifth District Court of Appeal discussed Troxel and held that Florida's grandparent visitation statute is facially unconstitutional under the privacy rights protected by Florida's Constitution.); Neal v. Lee, 14 P.3d 547 (Okla.2000) (The Oklahoma Supreme Court found that pursuant to Troxel, the award of grandparent visitation in this case under Oklahoma's grandparent visitation statute violated the parents' federal constitutional rights as the parents objected to visitation and the grandmother made no showing of harm.). See also Hertz v. Hertz, 717 N.Y.S.2d 497, 500, 186 Misc.2d 222, 226 (2000) (New York's grandparent visitation statute violated parents' substantive due process rights because it allowed the trial judge to solely determine best interest and accorded parents' decision of children's best interest no presumption of validity); but see Fitzpatrick v. Youngs, 717 N.Y.S.2d 503, 186 Misc.2d 344, 349 (2000) (Discusses Troxel and notes that New York's statute is not as broad as the statute in Troxel. Denies motion to dismiss petition for grandparent visitation.) and Smolen v. Smolen, 713 N.Y.S.2d 903, 185 Misc.2d 828, 835 (2000) (Denying motion to dismiss petition for grandparent visitation prior to evidentiary hearing.).
citation_b.signal: but see
citation_b.identifier: 186 Misc.2d 344, 349
citation_b.parenthetical: Discusses Troxel and notes that New York's statute is not as broad as the statute in Troxel. Denies motion to dismiss petition for grandparent visitation.
citation_b.sentence: See Punsly v. Ho, 105 Cal.Rptr.2d 139, 147, 87 Cal.App.4th 1099, 1110 (2001) (Relying on Troxel, the California Court of Appeal concluded that the trial court's application of California's nonparental visitation statute over mother's objections violated mother's fundamental parental rights where the mother was fit and was willing to voluntarily schedule visitation and the trial court applied an erroneous presumption that visitation with the paternal grandparents was in the child's best interest.); Belair v. Drew, 776 So.2d 1105, 1107 (Fla.Dist.Ct.App.2001) (Florida's Fifth District Court of Appeal discussed Troxel and held that Florida's grandparent visitation statute is facially unconstitutional under the privacy rights protected by Florida's Constitution.); Neal v. Lee, 14 P.3d 547 (Okla.2000) (The Oklahoma Supreme Court found that pursuant to Troxel, the award of grandparent visitation in this case under Oklahoma's grandparent visitation statute violated the parents' federal constitutional rights as the parents objected to visitation and the grandmother made no showing of harm.). See also Hertz v. Hertz, 717 N.Y.S.2d 497, 500, 186 Misc.2d 222, 226 (2000) (New York's grandparent visitation statute violated parents' substantive due process rights because it allowed the trial judge to solely determine best interest and accorded parents' decision of children's best interest no presumption of validity); but see Fitzpatrick v. Youngs, 717 N.Y.S.2d 503, 186 Misc.2d 344, 349 (2000) (Discusses Troxel and notes that New York's statute is not as broad as the statute in Troxel. Denies motion to dismiss petition for grandparent visitation.) and Smolen v. Smolen, 713 N.Y.S.2d 903, 185 Misc.2d 828, 835 (2000) (Denying motion to dismiss petition for grandparent visitation prior to evidentiary hearing.).