context: In post-Troxel decisions, courts of last resort in Maryland and Illinois have likewise held their state visitation statutes unconstitutional where grandparents were required to prove only that visitation was in their grandchild's best interest without a preliminary finding that the parents opposing the visits were unfit to make that decision.
citation_a.signal: but see
citation_a.identifier: 28 S.W.3d 357, 365-66
citation_a.parenthetical: holding Troxel not controlling where state's supreme court previously held rational basis review sufficient based on minimal intrusion of grandparent visitation and other parental protections afforded by visitation statute
citation_a.sentence: But see In re G.P.C., 28 S.W.3d 357, 365-66 (Mo.Ct.App.2000) (holding Troxel not controlling where state’s supreme court previously held rational basis review sufficient based on minimal intrusion of grandparent visitation and other parental protections afforded by visitation statute).
citation_b.signal: see also
citation_b.identifier: 761 A.2d 291, 301-03
citation_b.parenthetical: holding grandparent visitation statute serves compelling state interest in maintaining grandparent-grandchild relationship where grandparents had raised child for period of time, but agreeing with trial court that something more than child's best interest must be established to serve compelling state interest
citation_b.sentence: Lulay v. Lulay, 193 Ill.2d 455, 250 Ill.Dec. 758, 739 N.E.2d 521, 534 (2000); Brice v. Brice, 133 Md.App. 302, 754 A.2d 1132, 1135-36 (2000); see also Rideout v. Riendeau, 761 A.2d 291, 301-03 (Me.2000) (holding grandparent visitation statute serves compelling state interest in maintaining grandparent-grandchild relationship where grandparents had raised child for period of time, but agreeing with trial court that something more than child’s best interest must be established to serve compelling state interest).