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In many states, these statutes explicitly name grandparents and great-grandparents as potentially eligible people. [1] 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 .
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
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.
In 2012, according to the Annie E. Casey Foundation Kids Count Data Center, there were 2.7 million children or 4% of all children who are being raised by grandparents or other kinship care. [2] According to a 2003 U.S. Census Bureau report, 2.4 million grandparents had primary responsibility for their coresident grandchildren younger than 18. [3]
The law is quiet clear that 'a residence order' undoubtedly gives additional rights to the residential parent, and does diminish the parental responsibility of the non-residential parent, in various ways. [b Hoggett]. Therefore, custody and residence, or contact and access can be in some circumstances be interchangeable concepts in family law.
A "child-custody determination" is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. A custody determination can be made through a permanent or temporary order, or as part of an initial custody determination or later modification of a prior custody order.