Have State Judiciaries Become Legislatures When Grandma Comes to Court?: State Court Decisions in the Post-Troxel Era

Although Troxel v. Granville mandated presumptive consideration of parents\u27 rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents\u27 rights. Are these courts usurping legislative functions