Beckman v. Boggs

655 A.2d 901 (1995)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

A child was adopted by the maternal grandparents following the death of her natural mother and with the consent of the natural father. This was a dispute over visitation by the paternal grandparents. Grandparent visitation is codified and may be granted by the trial court if it is in the best interests of the child. This is a discretionary right of the trial court and does not give grandparents any inherent right to custody or visitation. H and W were married in 1986 and had a child in 1991. Four months after birth, the couple separated, and the mother and child went to live with the mother's mother and stepfather. During the first month of the child's life, the paternal grandparents saw the child several times. The mother was diagnosed with leukemia and dies in 1993. The Beckmans (P) filed a petition to adopt the child, and that was granted but reserved visitation rights to the father who consented to the adoption. The Boggs (D) made attempts at visitation before and after the adoption, but they were rebuffed. This suit was then filed. The Court allowed visitation by D as it found it was in the best interests of the child. P appealed.

Issues

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Holding & Decision

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Legal Analysis

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