[DOWNLOAD] "Michael v. Hertzler" by Supreme Court of the United States * Book PDF Kindle ePub Free

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eBook details

• Title: Michael v. Hertzler
• Author : Supreme Court of the United States
• Release Date : January 04, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The only issue in this case is the constitutionality of WYO. STAT. § 20-7-101 (1994), which provides for an original action by a grandparent to establish reasonable visitation rights to a minor grandchild. Susan Kay Michael and Chris Michael (the Michaels) instituted such an action against Dean B. Hertzler (Hertzler) who was the custodian of the grandchildren. They sought to establish the right of visitation with grandchildren who had been adopted by Hertzler and the Michaels daughter. Hertzler attacked - Page 1145 the constitutionality of the statute, and the trial court ruled the statute "is unconstitutional under the due process requirements of the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 6 of the Wyoming Constitution." We hold parental rights are regarded as fundamental rights in Wyoming; the constitutionality of the statute is to be tested under the strict scrutiny standard; the State of Wyoming (State) does have a compelling interest which justifies the statute; and the statute is constitutional. We reverse and remand this case for further proceedings in accordance with this opinion.

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