E.R.G. v. E.H.G.

Petition for certiorari denied on February 21, 2012

Issue: Whether under the Due Process Clause of the Fourteenth Amendment, grandparents who seek court-ordered visitation with their grandchildren must prove that a compelling circumstance necessitates visitation, or whether constitutional requirements are instead satisfied where the court considering the visitation request applies a presumption in favor of the parents' wishes and places on the petitioning grandparent the burden of proving that visitation is in the children's best interest.

Briefs and Documents

Certiorari-stage documents

• Opinion below (Ala.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Ohio, Hawaii, Louisiana, Michigan, and Washington
• Reply of petitioners