context: P 7 While we find no Oklahoma cases on point,other states addressing the issue have recognized that, considering parents' fundamental rights to the care, custody and control of their children, protection of children from harm constitutes the sine qua non compelling state interest in testing grandparental visitation statutes. On the other hand, other states have recognized that protection of a child's best interests constitutes a sufficiently compelling state interest to uphold grandparental visitation statutes.
citation_a.signal: no signal
citation_a.parenthetical: "[p]rotecting the best interest of the child is unquestionably a proper exercise of the police power"
citation_a.sentence: Sibley v. Sheppard, 54 N.Y.2d 320, 445 N.Y.S.2d 420, 429 N.E.2d 1049 (1981) (“[p]rotecting the best interest of the child is unquestionably a proper exercise of the police power”); Herndon v. Tuhey, 857 S.W.2d 203 (Mo.1993) (statute granting grandparental visitation premised on best interests of child and proscribing visitation if visitation would endanger the child physically, mentally, or emotionally, held constitutional); King v. King, 828 S.W.2d 630 (Ky.1992) (strengthening of familial ties and preservation of family/generational contact held of compelling state interest.)
citation_b.signal: contra
citation_b.parenthetical: best interest of child not a compelling state interest, and grandparental visitation under statute without requirement of harm to child held unconstitutional
citation_b.sentence: Contra, Hawk v. Hawk, 855 S.W.2d 573 (Tenn.1993) (best interest of child not a compelling state interest, and grandparental visitation under statute without requirement of harm to child held unconstitutional). ■