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Defining the Child-Parent Relationship

Defining the Child-Parent Relationship. Coun 150 – Laws Relating to Children Richard M. Cartier Class 4 – Pages 47-87. Troxel and Parental Perogatives. Do grandparents have a right to visit their grandchildren?

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Defining the Child-Parent Relationship

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  1. Definingthe Child-Parent Relationship Coun 150 – Laws Relating to Children Richard M. Cartier Class 4 – Pages 47-87

  2. Troxel and Parental Perogatives • Do grandparents have a right to visit their grandchildren? • What does this case say about the current Supreme court’s view of children as individuals with legal rights?

  3. Historical Perspective • “husband and wife are one” • Women and children treated as property • Both owed a duty to obey • 19th century reforms • Married women property acts • Tender years doctrine • Other significant social changes

  4. Defining Parentage • Who is Dad? • Biological parent • Presumed parent • Married (or attempted to marry) mom • Named on birth certificate with his consent • Held the child out as his own • Paid support under a court order • What if there a multiple presumed dads?

  5. Defining Parentage • Who is mom? • Birth mom – ‘gestational’ • Egg donor– ‘biological’ • Wanna be – ‘intended’ • Who gets the Mother’s Day card?

  6. Parentage & “the family” • Historically • Children of marriage • Illegitimate • Modernly • Parents & children • Traditional v. Non-traditional families

  7. California’s view • Parents divorce each other NOT the children. • Children should have a continuing relationship with both parents. • Children should be with the parent who is most willing to share them with the other parent.

  8. Legal Terms • Physical custody • Joint • Sole ; Visitation • Legal custody • Joint • Sole

  9. Order of Preference • To the parents jointly OR to either parent • To the person with whom the child has been living in a wholesome, stable environment • To a person we hope will provide the wholesome, stable environment • Initially: “BEST INTEREST OF THE CHILD” • Modification: “Detriment + best interest”

  10. Related concepts • Legal parent • Parent by estoppel • De facto parent • Psychological parent

  11. Some strange cases . . . • Sperm-donor dad & the lesbian lovers • Surrogacy & the rest of the litter • Dawn D. • Troxel . . .

  12. Troxel and Parental Prerogatives • Do grandparents have a right to visit their grandchildren? Should they? • What does the Troxel case say about the current Supreme court’s view of children as individuals with legal rights?

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