A Constitutional Analysis of Grandparents' Custody Rights

Grandparents occupy a unique position in both families and the broader community. They serve as repositories of tradition, as babysitters, or as parent surrogates where parents are unable or unwilling to care for their children. Despite the benefits that grandparent care offers, many state adoption

Because adoption by strangers to the family severs the child's ties to his natural family, adoption proceedings may destroy grandparents' ability to interact with their grandchildren. Given the grave consequences of adoption outside the family for grandparent-grandchild relationships, this Comment argues that grandparents' recognized constitutional right to participate in their grandchildren's upbringing2 also allows grandparents to direct that upbringing. Specifically, grandparents have a constitutional right to both preference and notice in custody proceedings. Although adoption ultimately turns on a determination of the child's best interests,3 a failure to notify grandparents adequately or to prefer their petitions, where doing so would not be contrary to the child's interests, ought to be regarded as a violation of the grandparents' right to due process.