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These requests must be justifiable as being in the best interests of the child, and they may only apply under certain circumstances, such as after one parent dies or loses custody. [1] State statutes pertaining to grandparent visitation must comport with the United States Supreme Court decision of Troxel v. Granville. This case, decided in 2000 ...
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
Kinship care is a term used in the United States and Great Britain for the raising of children by grandparents, other extended family members, and unrelated adults with whom they have a close family-like relationship such as godparents and close family friends because biological parents are unable to do so for whatever reason.
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
However, the child, at or around the age of 13, depending on the state, may have a right to testify in court about custody and parenting plan arrangements that may have a big impact on court decision. Parents (and in most States Grandparents) frequently believe that they have "a right" to visitation or access. However, when custodial parental ...
Granville, 530 U.S. 57 (2000), held that "the interest of parents in the care, custody and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court." This includes parents' fundamental right to make decisions concerning the care, custody, and control of their children, see, e. g., Stanley v.
Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody may refer to joint physical custody , joint legal custody , or both combined. In joint legal custody, both parents of a child share major decision making regarding for example education, medical care and religious upbringing.
A legal consideration requires the court to consider a specific type of custody, but adds no preference or presumption for it. Joint physical custody vs 50/50 parenting time: Different jurisdictions have differing definitions for joint physical custody. Many don't specify how much time must go to each parent to be considered joint (as opposed ...