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Grandparent’s Rights in Custody and Visitation
Within the past decade or two, there have been dramatic changes to what was once a very traditional relationship between grandparents and their grandchild(ren). The ever increasing divorce rate has probably been the single most predominant factor responsible for these changes. However, single parenthood, adult drug and alcohol abuse, as well as economic issues have contributed greatly as well, the results of which have brought about significant changes to what was once a very traditional family structure. A large percentage of grandparents have petitioned the court in the hopes of obtaining a regular visitation schedule with the grandchild(ren). Quite naturally, as a by-product of these factors, the individual states have had to address the issues of non-parental custody and the visitation rights of grandparents. As is the case with other divorce-related issues, the laws with regards to grandparent custody and visitation differ from state to state.
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TROXEL V. GRANVILLE – Since 2000, when the United
States Supreme Court handed down its decision in Troxel v. Granville, courts have been more cautious about the scope of grandparents’ rights against the wishes of parents. In Troxel v. Granville, the court addressed third party rights to seek court-enforced time with children. The decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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