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In re T.J.K.

The fact that a father agreed to an order granting the grandmother of his child access to the child is not thereby barred from claiming that the statute permitting such access is unconstitutional.

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OPINION

Sam Kersey appeals from the trial court’s denial of his motion to modify in a suit affecting the parent-child relationship, raising two points of error. He first contends the trial court erred in finding that he waived any objection to the constitutionality of a statute permitting grandparent access. Second, he contends the trial court erred in finding that his reliance on the United States Supreme Court holding in Troxel v. Granville did not establish sufficient grounds to modify the previous order.

Sam, the father of T.J.K., a female child born in 1991, Connie Kunaknana, the maternal grandmother of the child, and Lila Kersey, the mother of the child, all agreed to the December 13, 1999, court order granting grandparent access. On July 28, 2000, Sam filed a motion to modify, seeking termination of grandparent access. He filed his motion after the United States Supreme Court ruling in Troxel v. Granville, 530 U.S. 57, 73, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000), holding that a Washington statute granting third-party visitation was overly broad in allowing “any person” to petition for visitation at “any time.” The Court emphasized its ruling on the “sweeping breadth” of the Washington statute and its application to the specific facts at hand.

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