Child Custody between Grandparents free essay sample

Although the father was not biological the courts granted him custodial rights over children after divorce courts found that it was in the best interest of the children. It breaks down the history from earlier years most of which continues to be used in court systems today. Stepparents do not owe a duty to support their stepchildren subsequent to divorce. However, Oregon does recognize a reciprocal duty that parents have to support their children and vice versa Indiana 60 Ind. L. J. 191 Visitation Beyond the Traditional Limitations States the custodial right of the noncustodial parent is altered but not extinguished. The purpose of visitation is to protect the parent’s right of custody and benefit the child. Visitation is important for a child’s whole growth, metal, physical and spiritual. Denial of such can make a child feel rejected and confuses. Oregon 59 Am. Jur. 2nd Parent and Child  § 38 Visitation rights are sometimes awarded to non-parents with the parent’s consent, or without serious objection by them in which case they are then generally upheld against later or collateral attack. We will write a custom essay sample on Child Custody between Grandparents or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In jurisdictions, statutes governing grandparent- visitation rights when a child’s nuclear family is absent due to divorce, death, relinquishment of termination of  parental rights, or other cause. Under such statutes, however, the grand-parent may have to prove that the visitation sought is in the grandchild’s â€Å"best interest. † Provide 2 cases that discuss your legal issue. Provide the Bluebook citation to each case and the Facts, Issue, Rule, Analysis, and Conclusion of each case. Troxel v. Granville, 530 U. S. 57 (2000) Facts: Tommie Granville and Brad Troxel’s relationship produced two children. Brad killed himself, this terminated regular visits with his parents. The children visited their grandparents on the weekends. After Brad killed himself, Tommie let the paternal grandparents know that visits will be once a month, as oppose to when visits the children visited every weekend. The Troxel’s sued Tommie Granville for visitation rights to their grandchildren under section 26. 10. 160 (3) of the revised code of Washington. The section permits any person to petition for visitation rights at any time and authorizes state superior courts to grand such rights whenever visitation may serve in the best interest of the child. Issue: Are grandparents entitled to get a court order allowing them visitation to their grandchildren? Rule: Section 26. 10. 160 (3) of the Revised Code of Washington unconstitutionally interfere with a parent’s fundamental right to raise his or her children as he or she sees fit? Analysis: The court recognizes that although fit parents ought to be the primary in charge regarding the way to raise their children, the Washington statute was not facially unconstitutional because it did not automatically strip parents of their decision-making rights, but only permitted non-parents to petition courts to hear their cases regarding matters related to the best interest of the child. Conclusion: Parents have the right to change their modes of parenting, which can include allowing, denying, or tempering grandparent or other individual visitation arrangements. Matter of Marriage of Pointer 112 Or. App. 511, 829 P. 2d 1016 Facts: Mother has custody of child after divorce, appeals an order granting visitation rights to grandparents. Mother argued that visitation rights give to grandparents was inappropriate. She did not think agree that grandparents needed to see child as often since marriage has ended. Since the divorce child has maintained a good relationship with grandparents. Experts agree it is in the best interest of the child that grandparents continue visits. Issue: Can grandparents file a petition granting them visitation rights? Rule: According to the conditions of ORS 109. 121 (1) have been satisfied. The court has the authority to grant visitation to the grandparents if end result would be in the best interest of the child. Analysis: Any order creating visitation rights under this section shall be according to the courts best judgment of the facts of the case and shall include such conditions and limitations as it deems reasonable. In making or modifying such an order, the court shall be guided by the best interests and welfare of the child. Conclusion: The amount of visitation allowed is appropriate and is in the best interests of the child. During the extensive periods of time spent with them, they have developed an important relationship. It is positive to continue regular contact and its importance in the childs development. The only negative aspects of the grandparents’ relationship with child were apparently between mother and the grandmother, which can possibly be resolved. Provide two statutes that are pertinent to this legal issue. Give the full Bluebook citation and a breakdown of each statute. Oregon O. R. S.  § 109. 302 Grandparent visitation in stepparent adoption In a stepparent adoption, a grandparent whose visitation rights were terminated as a result of the adoption prior to August 23, 1993, may petition to have the visitation rights restored. The petition must be filed within one year after August 23, 1993. The court shall restore the visitation rights, unless the court finds that restoration of visitation rights is not in the best interest of the child. Indiana IC 31-9-2-77 Maternal of paternal grandparent Both agencies are reliable sources. They help guide non-custodial parents and guardians in trying to seek visitation. Provide two reliable websites that you could consult regarding this issue. Provide the link to the website and a description as to what type of information you located on the website. www. Courts. Oregon. gov/lane/FamilyandChildren/pages/gpvisit. aspx Guides from point A to B of what you will need to do in order to file the necessary paperwork once grandparent or non-custodial parent has been denied visitation rights.This website provides the necessary law and guidelines for grandparents when seeking visitation rights. State Rights Each state has incorporated statutory guidelines for granting visitation rights to grandparents. The intent of granting grandparent visitation rights is to allow grandparents to maintain contact with grandchildren. In general, two types of laws exist: restrictive visitation statutes and permissive visitation statutes. Restrictive visitation laws only allow grandparents to seek visitation rights if the parents have divorced or if one or both parents are deceased. See more at: http://family. findlaw. com/child-custody/grandparent-visitation-rights. html? DCMP=GOO-FAM_GrandparentRightsStates-OregonHBX_PK=oregon+grandparent+visitation+rights#sthash. taifHdy9. dpuf Provide a short explanation of how you conducted this research. What type of plan did you follow? I would begin my research utilizing law search engines as WestLaw and Findlaw. I would start with secondary sources; I find them to be more resourceful when attempting to get the research in order. I would get all cases related to my case to see what can possibly be used within the research. I will then locate different agency’s pertaining to the case to locate information that will prove to be important when attempting to build the case. I would search the law in both states to see what the rights of the grandparents are. I will then have my attorney review my brief to check to see if I applied all the necessary law and rules to the case.