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The IdahoThe Supreme Court has ruled in favor of a law that allowed grandparents to request visitation rights. It was found to violate the “fundamental right of parent”
Friday’s ruling by the high court stated that parents have the fundamental right to keep family relationships intact and to “custody of, care and control” over their children. Justice John Stegner, who wrote for the unanimous court, stated that the Idaho state law “seems to allow grandparents to request visitation over objection of fit parents”. This renders the visitation law inconstitutional, according to the court.
After their grandchildren’s parents, Stephanie Evans and Brian Evans cut contact, Dennis and Linda Nelson requested that a magistrate judge grant them visitation. The Associated Press received no comment from either the Evanses or the Nelsons’ attorneys immediately.
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But the family members’ relationship had been full of strife for some time, in part because the grandmother strongly objected to the parent’s marriage — resulting in no communication between the two sides for nearly a year — and in part because the Evanses felt the grandmother was manipulative and repeatedly violated their boundaries.
According to the ruling, disputes erupted between the Evanses (Nelsons) and Evanses over a jointly-owned California house and about the Evanses’ move to Idaho. The discord continued with childrearing. The grandparents took their grandchildren on lavish playdates to Disneyland and returned them home often later than requested. The Evanses claimed that grandparents were often present even though they weren’t invited. They also claimed they used emotional manipulations and other pressure tactics to get what their grandchildren wanted.
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Stegner wrote, “Stephanie & Brian requested that the Nelsons refrain from spending so many dollars and instead spend more time playing simple games such as at parks. These requests were frequently ignored.” “The Evanses wanted the Nelsons to spoil their grandchildren, but they were not satisfied with this behavior.”
The case was started by the lower court, which ruled in favor the parents. It found that the Nelsons did not have the legal standing to request visitation. After losing at the district court level, the grandparents appealed to the Idaho Supreme Court. The Idaho Supreme Court ruled in 2020 that the state law gave the Nelsons visitation rights. It then bounced the case back down to the lower court.
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The lower court recognized that last year The grandparentsThey had “exorbitantly” inserted themselves in the Evans family and that the grandmother’s actions had undermined the parents’ credibility in the eyes the children. However, the lower court questioned how Evans family cut off their children’s relationships with their grandparents. It said that they may not have adequately explained to them their concerns before cutting off all ties.
According to court documents, “Despite finding that the Nelsons had caused harm to the grandchildren by acting the way they did, the magistrate court ordered visitation.” The court documents state that visitation was allowed provided the grandparents had received counseling.
The Evans family then filed a motion asking for the court to declare the visitation law unconstitutional. They argued that the law was not in the state’s best interest and allowed overzealous grandparents to drag fit parents into court.
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The high court agreed that the law was unconstitutional, and noted the toll the case had placed on the Evans family — including more than $50,000 worth of legal bills.
“The Nelsons’ conduct in this case has placed a significant financial and emotional strain on Stephanie and Brian, and likely their three daughters as well,” Stegner wrote.
The magistrate court could remand the case, but this would only result in more litigation. Supreme CourtThe justices reached the same conclusion and dismissed the visitation case.
