Hernandez v. Hernandez
265 P.3d 495
Idaho2011Background
- Charles V. Hernandez and Kerri A. Hernandez divorced in 2000; Kerri had primary custody and Charles had visitation.
- Janice Ausburn, maternal grandmother, acted as caregiver for the children after Kerri left them with Janice in 2001; Charles had little to no physical involvement after 2002.
- In March 2008, the parties stipulated to Charles having sole physical custody with Kerri visiting in the summers; the court entered a modification order unaware the children resided with Janice.
- Janice filed a separate custody action; the court ultimately awarded Charles sole legal custody and shared physical custody with Janice (Charles primary).
- The district court affirmed the magistrate’s findings; Charles appealed on due-process grounds under the Fourteenth Amendment.
- This Court affirms the district court, upholding I.C. § 32-717(3) as applied and the Stockwell framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is I.C. § 32-717(3) facially constitutional? | Hernandez argues it infringes parental rights under Troxel. | Ausburn contends statute recognizes grandparent standing without depriving parents. | Facially constitutional. |
| Is I.C. § 32-717(3) unconstitutional as applied to Charles? | Charles asserts equal standing without fitness finding violates parental rights. | Statute allows grandparent input when a child lives with grandparent in a stable relationship. | Constitutional as applied. |
| Does Stockwell v. Stockwell survive Troxel? | Stockwell would overstep parental rights post-Troxel. | Stockwell remains valid for nonparent custody where it serves the child's best interests. | Stockwell remains valid. |
| Is Charles entitled to attorney fees on appeal? | Charles seeks fees under Idaho codes. | Charles did not prevail on appeal. | No fees awarded. |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (recognizes parent's fundamental right to raise children; prompts narrow application of third-party standing)
- Stockwell v. Stockwell, 116 Idaho 297, 775 P.2d 611 (1989) (nonparent custody may be awarded when in child’s best interests; no mandatory showing of abandonment or unfitness)
- In re Ewing, 96 Idaho 424, 529 P.2d 1296 (1974) (parental custody presumption; informs Stockwell framework)
- Leavitt v. Leavitt, 142 Idaho 664, 132 P.3d 421 (2006) (I.C. § 32-717(3) applies in custody disputes involving a grandparent in a stable relationship)
- Pierce v. Society of Sisters, 268 U.S. 510 (1925) (liberty interest includes parental rights; due process framework)