86,432,018 petition signatures
Maryland's Grandparent Visitation Statute Must Be Codified for Parents Rights
- Target: Maryland Legislatures
- Sponsored by: Andrea Lynn Koshko
This is not a petition against grandparents in general. In reality, unfortunately, not all grandparents look out for their own children's or their own grandchildren's best interests or well- being.
Maryland's 2007 Grandparent Visitation Statute (GPV) under MD Family Law Article 9-102, must be codified to follow the recent Maryland Court of Appeals ruling in Koshko v Haining (January 12, 2007)
The present MD GPV statute 9-102 states:
An equity court may:
1) consider a petition for reasonable visitation of a grandchild by a grandparent; and
2)if the court finds it to be in the best interests of the child, grant visitation to the grandparent.
The Maryland Court of Appeals recent oppinion in Koshko v Haining clearly states that, "the court, however, concluded, under strict scrutiny analysis, the the GVS was unconstitutionally applied to the Koshko's because the staute lacked sufficiently narrow tailoring to the states interest in children's welfare.....Strict scrutiny was triggered because the staute implicated the Koshko's fundamental right to parent. With a 6-1 majority decision in the Maryland Court of Appeals, they ruled that the current GPV statute MUST contain a rebuttable presumption favoring parental decisions as to their children's best interests, AND to recognize a threshold finding under strict scrutiny, that a parent is unfit or there are exceptional circumstances (harm standard), BEFORE the "best interest" standard can be applied.
The present ambiguous statutory language of the MD Family Law Article 9-102 (GPV) stating only "best interest" in light of The Koshko case law is deceptive and confusing to the courts of Maryland to uphold the Constitutional rights of parents decisions under the US Constitution and Maryland Declaration of Rights to protect parents fundamental right to raise their children without government interference.
If you would like to help with our efforts please contact us at:
marylandmommyadvocates@verizon.net
Maryland's 2007 Grandparent Visitation Statute (GPV) under MD Family Law Article 9-102, must be codified to follow the recent Maryland Court of Appeals ruling in Koshko v Haining (January 12, 2007)
The present MD GPV statute 9-102 states:
An equity court may:
1) consider a petition for reasonable visitation of a grandchild by a grandparent; and
2)if the court finds it to be in the best interests of the child, grant visitation to the grandparent.
The Maryland Court of Appeals recent oppinion in Koshko v Haining clearly states that, "the court, however, concluded, under strict scrutiny analysis, the the GVS was unconstitutionally applied to the Koshko's because the staute lacked sufficiently narrow tailoring to the states interest in children's welfare.....Strict scrutiny was triggered because the staute implicated the Koshko's fundamental right to parent. With a 6-1 majority decision in the Maryland Court of Appeals, they ruled that the current GPV statute MUST contain a rebuttable presumption favoring parental decisions as to their children's best interests, AND to recognize a threshold finding under strict scrutiny, that a parent is unfit or there are exceptional circumstances (harm standard), BEFORE the "best interest" standard can be applied.
The present ambiguous statutory language of the MD Family Law Article 9-102 (GPV) stating only "best interest" in light of The Koshko case law is deceptive and confusing to the courts of Maryland to uphold the Constitutional rights of parents decisions under the US Constitution and Maryland Declaration of Rights to protect parents fundamental right to raise their children without government interference.
If you would like to help with our efforts please contact us at:
marylandmommyadvocates@verizon.net
I kindly ask that the constituents here of Maryland sign this petition to help pass a potential legislative "Parents Rights" bill that will protect the rights of good fit parents in Maryland to make the decision to protect their children from dysfunctional grandparents that use and abuse the MD Family Law Statute 9-102.
Please help advocate for our children.
Please help advocate for our children.
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