Preview

Child Custody between Grandparents

Powerful Essays
Open Document
Open Document
1749 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Child Custody between Grandparents
PA 201-04
Introduction to Legal Research
Professor Dean Priorier
February 10, 2014

Provide 3 secondary sources that would consult regarding this legal issue. Include a 2-3 sentence summary of source and also the proper Bluebook citation.
Oregon
36 Willamette L. Rev. 549
Although the father was not biological the courts granted him custodial rights over children after divorce courts found that it was in the best interest of the children. It breaks down the history from earlier years most of which continues to be used in court systems today. Stepparents do not owe a duty to support their stepchildren subsequent to divorce. However, Oregon does recognize a reciprocal duty that parents have to support their children and vice versa

Indiana
60 Ind. L.J. 191
Visitation Beyond the Traditional Limitations
States the custodial right of the noncustodial parent is altered but not extinguished. The purpose of visitation is to protect the parent’s right of custody and benefit the child. Visitation is important for a child’s whole growth, metal, physical and spiritual. Denial of such can make a child feel rejected and confuses.

Oregon
59 Am. Jur. 2nd Parent and Child § 38
Visitation rights are sometimes awarded to non-parents with the parent’s consent, or without serious objection by them in which case they are then generally upheld against later or collateral attack. In jurisdictions, statutes governing grandparent- visitation rights when a child’s nuclear family is absent due to divorce, death, relinquishment of termination of parental rights, or other cause. Under such statutes, however, the grand-parent may have to prove that the visitation sought is in the grandchild’s “best interest.”

Provide 2 cases that discuss your legal issue. Provide the Bluebook citation to each case and the Facts, Issue, Rule, Analysis, and Conclusion of each case.
Troxel v. Granville, 530 U.S. 57 (2000)
Facts: Tommie

You May Also Find These Documents Helpful

  • Better Essays

    In Gary’s case, he would first apply to the District Court for access. This would mean Gary’s children would not live with him, but he would have contact with Zoe and Josh, in agreement with both mothers. It is clear that an agreement for access cannot be made informally with either parent therefore Gary should apply to the court. The Children Act, 1997 gives Gary the right to apply to the District Court for permission to apply for access. Once he is granted permission to apply for access by the court he can then go on in the process of getting access. Being granted permission does not mean that access has been granted. Gary can also apply for custody for both…

    • 1713 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Content: Student located three different secondary sources on given legal issue. Student provided proper citation for each source. Student provided a summary of each secondary source and explained why the source was helpful. This section of the grading rubric counts up to 30 points.…

    • 814 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    R Vs Robert

    • 577 Words
    • 3 Pages

    1. What is the proper citation for the case you have chosen? Who are the parties to the appeal and what is each of their role in the appeal? What category of law does the case fall into and how do you know that?…

    • 577 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Office Memo

    • 1585 Words
    • 7 Pages

    The issue should address the legal issue involved in the case i.e. inform the reader of…

    • 1585 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Deadbeats Pros And Cons

    • 673 Words
    • 3 Pages

    Also the child still maintains awareness of both of their parents, while scheduled visitations can increase the emotional and social bond between the child and both of its parents. The article National Conference of State Legislatures explains, “Research shows it reduces child poverty, promotes parental responsibility and involvement and improves children’s educational outcomes” (NCSL, 1). The Deadbeat Dad Policy in a way forces the fathers to be involved in the child’s life through financial support and even emotional support through…

    • 673 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Guardian Ad Litem Paper

    • 614 Words
    • 3 Pages

    There are a long list of responsibilities guardian ad litem’s have. Guardian Ad Litems have to gather information about the children that are appointed to by having to get to know them. The GAL will look into the family situation and advise the court about issues such as where the children should live most of the time, whether the child is being harmed by one parent’s alleged substance abuse, and what contact the child should have with the other parent (“What Is,” 2015). Overall, the GAL must look at all the different factors that could affect the nature of the parent-child relationship. Then the GAL makes a recommendation. The GAL’s recommendation should protect the child's right to have a meaningful, strong relationship with his or her parents, insofar as that is practical and in the child’s “best interests” (“What Is,” 2015). Everything that a GAL does regarding a case, must be kept…

    • 614 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Benjamin, I utterly commend your thoughts and ideas displayed in your project. For many, custody battle is a very sensitive topic, however, as the composition of families has begun to change significantly, it is quite necessary for the laws in place to regulate custodial battles be changed as well. I am in agreeance with your statement indicating that we have a court system that is biased in terms of fathers having custody of their child or children. As you mentioned “the penalties for not paying child support are stiffer than those imposed on someone who keeps a child from visiting a non-custodial parent.” Personally, I’ve examined the interrelationship between child support payments to custodial mothers, visitation of noncustodial fathers,…

    • 361 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Both parents separately have responsibility for their children. The best interests of the child are of dominant consideration. When deciding what is in the best interest of the child the court will consider the following: the wishes of the child, whether the order made is likely to lead to further dispute, the effect of the separation on the child, the nature of the relationship between the child and the parents and the need to protect the child. The court may order that a child’s interests be separately represented by an independent children’s lawyer. The lawyer’s duties include putting the child’s views before the court and minimising as far as possible the trauma of the…

    • 802 Words
    • 4 Pages
    Good Essays
  • Good Essays

    • “With the divorce rate above 50 percent and climbing, more and more parents are faced with difficult decisions or situations involving their children. Whether it’s difficulty seeing them on a steady basis, being denied visits altogether, watching them being neglected or abused, not receiving enough support, or not receiving support at all, parents increasingly find themselves in the courts debating issues which involve their children. This book is designed to let parents know their legal rights, and to help them take their case through the court system. “(Boland,…

    • 478 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Child Support Obligations

    • 473 Words
    • 2 Pages

    When California parents go into arrears on their child support, the effects may be far reaching. Noncustodial parents face a range of enforcement options, which may cause them personal and professional issues. Custodial parents, on the other hand, may struggle to provide for their child without the additional support. Therefore, people who are struggling to make their child support payments, or who are owed back support, may benefit from working with an attorney. A lawyer may help them understand their rights and options, as well as guide them through the legal…

    • 473 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    When it is unclear as to who is in position to consent to treatment, or where the parents’ wishes conflict with that of the dependants, the courts guardianship jurisdiction may be used to resolve the confusion or dispute. The decision then made by the court will always be based upon the best interests of the child.…

    • 484 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    In 2002, William Hill of Smithfield, NC, a family friend, finally gained custody of his children after going to court multiple times for custody. His children's mother dropped them off one night at his doorstep and vanished. She finally called about one year later demanding the kids back. Mr. Hill refused to give her the children and filed for full custody after learning that she was on drugs and was on the run from her drug dealer boyfriend. When the case was brought in front of the court, they ruled in favor of the mother the first two times feeling that given the ability to be a mother would help rehabilitate her and help to keep her clean and away from drugs. Mr. Hill was not happy with the ruling and after battling…

    • 1625 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    Child support is the act of the legal arrangement between a noncustodial parent and the parent who has custody. Child support is financial support paid by the noncustodial parent to the parent who has primary custody. Many factors are considered when setting child support amounts. These can include but aren’t limited to both parents’ financial situations in addition to the following:…

    • 403 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Fathers Rights

    • 891 Words
    • 4 Pages

    In the majority of child custody hearings, the mother is always favored. This is regardless of her parenting ability or her financial ability to support the children. According to the National Center for Health Statistics (NCHS), nearly 75% of all child custody awards are made to the mother. Only about 10% of child custody awards are made to fathers. The rest of the child custody awards involve some sort of joint custody arrangement. Recent Census Bureau child custody statistics also indicate that nearly 40% of all noncustodial fathers have no access to or visitation rights with their children (Child Custody Coach, 2008). This is not the law but once again the judges ruling on the side of what has become social commonplace. Many fathers would love to have custody of their children. This parental right appears to have been taken away from them except in extreme and clearly defined examples of an unfit mother. In cases when both parents can care for the children properly, the mother will generally receive custody.…

    • 891 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Parenthood

    • 1355 Words
    • 6 Pages

    One reason why both parents should have equal responsibility of raising a child is because it can create an emotional rift between one of the parents and the child. According to Scott in the article “Co-Parenting”, a successful divorce is one in which the parents’ divorce each other but do not require the child to divorce one of the parents, either as a result of parental conflict or by one parent not being available to the child (Scott).Not all parents are meant to be married things happen and they grow apart. But that should never change their relationship with their children. ”Thus it is a well-established fact that a child experiencing the dissolution of the family structure will do better if the parents are able to get along and reduce trauma in an already traumatic experience. Co-Parenting can be a viable option when it is implemented by parents who want it to work because they understand that the child’s needs supersede their own self-interest and it can be successful and rewarding for both the child and the parents.” (Scott) As children grow they take everything from their parents. “Your parents’ duty is…

    • 1355 Words
    • 6 Pages
    Better Essays

Related Topics