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The Research Center
|        ||1. Divorce Source: Visitation/Grandparents/Intact Family |
The pendulum continues to swing in the direction of parents rights and away from grandparents rights, especially where there is an intact family. Six cases in the last four months demonstrate the courts renewed interest in protecting parents fundamental liberty interests over grandparents asserted v
|        ||2. Divorce Source: Fork It Over, Granny: The Child Support Obligations of Grandparents |
A recent California case reiterated what is the law in all states and is, indeed, the public policy of the federal government as evidenced by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105:
|        ||3. Divorce Source: Visitation/Grandparents/Best Interests:|
The appellate court reversed the decision of the trial court granting the paternal grandparents visitation on a schedule other than that offered by the mother. Citing Troxel v. Granville, 530 U.S. 57 2000, and Kansas Dept of SRS v. Paillet, 270 Kan. 646, 16 P.3d 962 2001, the appellate court held th
|        ||4. Divorce Source: Visitation/Grandparents/Constitutionality:|
The grandparents appealed a judgment denying their request to obtain visitation with their granddaughter. The court held that the Arizona grandparent visitation statute was constitutional, as it had a number of safeguards for the parents. The case was remanded to the trial court to conduct a hearing
|        ||5. Divorce Source: Visitation/Grandparents/Constitutionality:|
The application of Kan. Stat. Ann. 60-1616b Supp. 2000, with no limitations on granting grandparents visitation, violates a parents fundamental right to custody, care, and control of his or her child under the Fourteenth Amendment to the United States Constitution. Section 60-1616b is, however, cons
|        ||6. Divorce Source: Child Custody/Burden of Proof/Established Cus-todial Environment with Grandparents:|
The mother appealed the award of physical and joint legal custody of her child to her parents, the childs maternal grandparents. The question presented was whether the trial court erroneously assigned to the mother the burden to prove that the childs placement with her was in the childs best interes
|        ||7. Divorce Source: THE LAW OF GRANDPARENT VISITATION AFTER TROXEL|
At common law, a relative of a child other than a mother or father lacks any legal right to visit or communicate with a child when a parent forbids such contact. This common-law rule is grounded in the recognition that parents have a constitutionally protected right to determine their childs com-pan
|        ||8. Divorce Source: Visitation/Grandparent/Constitutionality|
The trial court granted the maternal grandparents visitation rights after the mother died while the divorce action was pending. The father objected to the grant of visitation rights as an unconstitutional infringement on his fundamental right to make decisions concerning the care, custody, and contr
|        ||9. Divorce Source: WHAT IS A FAMILY? IMPLICATIONS OF NEW TRENDS IN GRANDPARENT VISITATION LAW |
Divorce Litigation has addressed the issue of grandparent visitation previously. Laura W. Morgan, Grandparent Visitation Rights: Challenges and Solutions, 4 Divorce Litigation 248 1992;
|        ||10. Divorce Source: GRANDPARENT VISITATION: A 1995 UPDATE |
In 1992, Divorce Litigation presented Morgan, Grandparent Visitation Rights: Challenges and Solutions, 4 Divorce Litigation 248 1992. This article surveyed the law of grandparent visitation in the 50 states and summarized the various challenges to the statutes authorizing grandparent visitation.
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