(1) on petition for grandparent visitation, trial court must presume that fit parent makes decisions that are in child’s best interest, abrogating Grant v. Lynn, 268 S.W.3d 382; (2) grandmother had burden of overcoming presumption that mother acted in child’s best interest by presenting clear and convincing evidence that visitation was in child’s best interest, overruling Baker v. Perkins, 774 S.W.2d 129; and (3) right of paternal grandmother to petition for visitation child after father’s death was not limited to statute authorizing noncustodial visitation to grandparent who assumed financial support of child.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com