Constitutional Questions Regarding Grandparent Visitation and Due Process Standards

Faced with an increase in broken families, a more mobile society, and increased violence among children of all ages, legislatures have responded with a wide range of statutes and programs designed to combat the perceived decline in the family unit. An example of the lawmakers\u27 response is the promulgation of grandparent visitation statutes. \u27 However, questions have arisen regarding the constitutionality of such statutes. This Note will discuss the constitutionality of grandparent visitation statutes in the context of Herndon v. Tuhey, the recent decision upholding the Missouri grandparent visitation statute. This Note will argue that the standard used by the Missouri Supreme Court was improper and under the appropriate standard, the statute is unconstitutional