Search

The article offers information on the cases related to the adoption granted despite curator ad litem's recommendation that a Permanence Order was more appropriate. Topics discussed include several others cases such as brother fails in attempt to be considered by the children's hearing as a relevant person to his three sisters, and Sheriff appeal court upholds decision to grant an adoption order as opposed to a kinship care order in favour of grandparents.

The article presents a digest of U.S. family law cases which were decided by state courts between August 2010 and August 2011. The Georgia Court of Appeals case Weber v. Livingston deals with an adoption by a stepfather. In the Indiana Court of Appeals case In re Adoption of L.C.E., the court deals with a stepfather's consent to an adoption by a maternal grandfather. An antenuptial agreement is dealt with in the Alabama Court of Civil Appeals case Robinson v. Robinson.

The article presents a survey of cases involving domestic relations law which were decided by courts in Georgia in 2010 and 2011. In the paternity case Venable v. Parker, the Georgia Court of Appeals (GCA) held that a trial court does not have the authority to order genetic testing. The GCA dealt with a motion to intervene in the legitimation case of Baker v. Lankford. The case Price v. Wingo dealt with the award of custody of a child to his grandparents and the father's modification request.

The article presents a monologue entitled "The Most Important Thing," by Linda Smith, delivered at the New Frontiers in Family Law symposium's "Telling Tales on Families," held in Salt Lake City, Utah in February 2008. The monologue illustrates some of the conflicts that can arise between parents and grandparents over child custody and visitation. In the monologue, all parties involved said that they are concerned about the child, but in reality their perspectives are only based on their own desires. The monologue suggests that the legal rights of the parent may conflict with the grandparent's idea of what is best for the child.

The article analyzes the law regarding child custody and visitation rights of grandparents in the U.S. It traces the development of a parent's fundamental right to rear their children. It examines the best interests of a child standard. It investigates the law on custody and visitation petitions with respect to the rights given to grandparents. It comments that parents viewed as fit are able to deny grandparents access to their children when they decide that it is the best interests for their child.

The article provides information on the visitation rights of grandparents with their grandchildren. It states that the visiting rights of grandparents with their grandchildren is the decision of the parents and is a fundamental right that is found in the Fourteenth Amendment's Dye Process Clause. This law does not allow the State to meddle with the decision of the parents on visitation of grandparents. It also states that the court must treat parents equally fit and in so doing the parents makes decisions as regards the well-being of the child.

This article explores changes in state laws that allow a grandparent to petition a court for visits with a grandchild, permitting a court to order visits over the objection of a fit parent. Such changes are altering the century-old rule that fit parents have a right to control the upbringing of their children. The changes allow the state to intervene in family life when intervention is in a child's best interest, and the state does not have to prove a parent unfit in order to make such an intervention. Also, this article briefly considers court decisions that allow a nonrelative to petition for visitation and custody. It concludes by examining the implications of these decisions for the meaning of family and for social policy. [ABSTRACT FROM AUTHOR]

This research explores the content of legal involvement in extended families in the United States by studying state legislation. All types of statutes mentioning grandparents or grandchildren are included for a complete picture of the legal context in which families make decisions. The legal importance of these familial roles is emphasized by the high percentage of statutes which refer to grandparents or grandchildren without being aimed at them. Laws specifically directed toward family statuses generally give rights rather than responsibilities to family members. This legislation usually also requires specific circumstances such as divorce in the parent generation to take effect. Therefore, family power and parental autonomy issues are highlighted. [ABSTRACT FROM AUTHOR]

The author comments on the need for Utah's Grandparent Visitation Statute to be amended to require grandparents to show that a parent is unfit to make a visitation decision that is in the children's best interest. She discusses the enactment and early history of the statute. She highlights the results of the first constitutional challenge to the statute in Campbell versus Campbell. She provides a background on two post-Troxel versus Granville grandparent visitation cases in Utah.

Discusses the practical impact of the decision of the U.S. Supreme Court in the grandparent visitation case Troxel versus Granville on the court system in California. Legal and social landscape of the case; Basic types of grandparent visitation statutes in the U.S.; Analysis of judicial responses to the case in connection to the grandparent visitation decisions in California.

Claims the California Supreme Court has failed to recognize the due process rights of divorced parents in its ruling in Butler v. Harris (In re Marriage of Harris), that rejected a constitutional challenge to the state's grandparent visitation statute. Claim that the grandparent visitation statute conflicts with the fundamental liberty interests of custodial parents; Facts of the case; Legality of grandparent visitation in Troxel v. Granville and in section 3104 of the California Family Code; Assessment of the due process parenting interest in Butler.

Reports that a very limited exception to the rule of not imposing liability for marital obligations on third parties was set forth in the Florida case of "Ordini v. Ordini." Periodic gifts as income for the purposes of establishing alimony and child support; Possibility of creating liability for grandparents.

The Court of Appeal has rejected the view that it is necessary for an applicant to establish a 'good arguable case' before being granted leave under section 10(9) of the Children Act 1989 to seek a section 8 order. This comment discusses the courts' approach to the position of grandparents in family proceedings as revealed by the Court of Appeal's reasoning and assesses this in the light of research evidence on the role of grandparents whose children have divorced. [ABSTRACT FROM AUTHOR]

This article tests five models of factors related to enactment of laws regarding grandparents. Sociologists and legal observers have argued that laws regarding grandparents reflect demographic and social changes and the increasing importance of grandparents in extended families due to these changes. This project considers political activity of grandparents, state motivations and capabilities, and state legal climates, as well as demographic and social change variables, as possible influences. Higher state percentages of people 45 and older are associated with lower amounts of grandparantal law, contrary to earlier predictions. Social change variables are not associated with the amount of laws. Measures of grandparent activism, state interests, and state legal climates are associated with more laws referencing grandparents. As amount of state laws regarding grandparents is influenced by these other factors, as well as demographic changes, the results indicate that assumptions about variables affecting modifications in family law must be carefully examined. [ABSTRACT FROM AUTHOR]

Presents cases illustrating provisions in Florida's family laws that threaten the child custody rights of grandparents. Conflict between the biological parent's presumptive right and the child's best interest to maintain a stable relationship in a grandparent's home; Position taken by the state Supreme Court on the grandparent visitation statute.

Discusses the varying opinions of the Washington Supreme Court justices in the case 'Troxel v. Granville.' Analysis of the plurality opinion; Determination of appropriate standard of review in grandparent visitation cases; Effect of decision on other third-party and other state grandparent visitation cases.

Focuses on the decision of the U.S. Supreme Court on June 5, 2000 on whether the grandparent visitation statute in Washington State is constitutional in the case Troxel versus Granville. Background on the visitation rights granted by the trial court; Issues which were determined in a plurality opinion; Types of standards of review.

Discusses the ruling in `State v. Niska' over the issue of retroactive application of statutory amendments in a kidnapping case. Deprivation of custodial, parental or visitation rights by grandparents; Effect of one parent's consent; Bar against `ex post facto' laws.

Explores the developments that have followed the United States government's recognition of grandparents visitation rights with their grandchildren. Common law era; Statutory approaches; Substantive legal standards; Constitutional issues.

Focuses on the legal problems faced by grandparent and other kinship caregivers. Increase in kinship caregiving; Legal authority to make caregiving decisions; Financial support for kinship care; Housing problems; Options for permanent care.

Summarizes visitation rights cases. `Mulle v. Yount'; `Smith v. Smith'; `Division of Family Services v. Ellis'; `State ex rel. Costello v. Cottrell'; `In re Paternity of Nastassja L.H.J.'; Interstate child custody; Uniform Child Custody Jurisdiction Act (UCCJA); Discretionary abstention; Incarcerated parent's visitation rights; Visitation rights of grandparents; Termination of grandparental relations upon child adoption.

The article discusses Arkansas Supreme Court case Scudder v. Ramsey in which the court held that visitation rights of natural grandparents do not survive the adoption of their own adult children. Topics discussed include parental rights, the impact of adult adoption on the legal right of natural grandparents to visit their grandchildren, and the impact of the termination of parental rights of an individual during a dependency-neglect proceeding on derivative visitation rights.

A letter to the editor is presented in response to the article "Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms" which appears in the December 2013 issue and addresses the legal rights of wards in relation to the Second Amendment to the U.S. Constitution.

The article discusses the Vermont Supreme Court's reversal of a judgment involving the reportedly improper delegation of visitation rights to a treatment team in the 2012 case Engel v. Engle. It states that the maternal grandparents were initially granted custody of the children with supervised parental contact in this case in Vermont. The physical, emotional, and psychological health of children of divorced parents are addressed. Various phases of visitation are also examined.