Grandparent Visitation Overrides Parental Rights

(By Phyllis Klosinski)

The Libertarian Party repeats: “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

The Libertarian Party repeats: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunity, which, upon the same terms, shall not equally belong to all citizens.”

This Indiana Constitution language is explicit, limiting and deliberate; it controls government, not YOU. Why does the LP repeat the Indiana Constitution? Because apparently Indiana citizens are disregarding the Rule of Law which binds all equally under the Constitution.

Grandparent visitation has been a contentious issue on the LLTT. But why? Each generation is born as an individual reaches adult status as an individual and acquires sole dominion over their lives and responsibility for their individual actions. Yet grandparents seek to have their will to visit grandchildren override the “parental rights” and the responsibilities of parenthood.

Parents relinquish “parental rights” when the child reaches “legal age”. It is part of the natural cycle of life, which does not depend upon any intrusion of government to be completed. There is no natural right of grandparents to impose upon their child the right to visitation of their grandchild by force of court order. There is no Constitutional authority for Indiana to order visitation rights for grandparents over parental rights.

This is not protection of the child following due process. Rather legislators are once again attempting to frame legislation as “Constitutional” by violating the rights of both the “intact family” unit controlled by SB 0003 and controlling the parental rights of “broken” family units existing under IC 31.

So Indiana now once again seeks to make two segments of citizens equal by equally denying the indefeasible rights of both the intact and broken family unit.

The Libertarian Party has determined to continue to issue comparisons between Constitutional Rights of Individuals and Constitutional Limits of government so you have the ability to protect YOUR Rights! The principles of the LP Platform are available for everyone, but YOU must make the determination that it is time to stand for Rule of Law and protect each individual from the out of control limitless Indiana government.

Does the proposed and existing legislation authorizing state determination of grandparent visitation comply with the Rule of Law? No. Should existing grandparent visitation laws be repealed? Yes. Only these actions will guarantee equal protection of indefeasible rights under the Constitution. What is the true Party of limited government? The Libertarian Party protects the Liberty of all equally with no special interests considered. LP believes human relationships cannot be forced through unconstitutional government court order; no one should be forced to sacrifice individual values for the benefit of others.

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