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Family Law Keyed to Weisberg
Groves v. Clark
Facts
Groves signed a document terminating her rights to L.C. when L.C. was 3, relinquishing custody to Lutheran Social Services (LSS) and consenting to adoption. Groves and the Clarks signed a written visitation agreement providing that Groves would have unrestricted visitation so long as she gave the Clarks 2 days notice; that Groves would have unrestricted telephone contact; and that she would have the right to take L.C. out of school in the event that she had to go to Butte for some emergency. The agreement was drafted by LSS and neither party consulted an attorney before signing. In February 1994 the court terminated Groves’ parental rights and awarded custody of L.C. to LSS. In September 1994 the Clarks legally adopted L.C. Groves and the Clarks abided by the agreement until June 5, 1995, when Groves notified the Clarks that she wanted to take L.C. to Butte for the weekend and the Clarks refused. They told Groves that she was welcome to visit L.C. in their home, but coul d not take her on extended out-of-town trips. Groves sought specific performance of the agreement, and the Clarks objected, moving for summary judgment. The court denied Groves’ petition, finding the agreement void and unenforceable. The Supreme Court reversed, holding that birth and prospective adoptive parents are free to contract for visitation, and trial courts must give effect to the contracts when the continued visitation is in the best interests of the child. The Court remanded for a hearing on whether enforcement of the agreement would be in the best interests of the L.C.
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