Jackson v. Smith

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Shortly after the death of her daughter, Grandmother filed a petition seeking visitation with her granddaughter. The trial court denied Grandmother's request because she failed to prove the statutory grounds necessary to permit a court to order grandparental visitation over a parent's objection. After the decision became final, the General Assembly amended the burden of persuasion in the grandparental visitation statute. Without alleging new facts and relying solely on the change in the statutory burden of persuasion, Grandmother filed a second petition seeking visitation with her granddaughter. The trial court granted the child's father's motion to dismiss on the ground of res judicata. The court of appeals affirmed. The Supreme Court affirmed, holding that the intervening change in the burden of persuasion in the grandparental visitation statute did not provide an exception to the operation of the res judicata doctrine, and therefore, absent some material change in the facts, the doctrine of res judicata barred relitigation of Grandmother's petition for grandparental visitation. View "Jackson v. Smith" on Justia Law