Transcript WELCOME [www.commongroundjustice.com]

Defining the
Child-Parent Relationship
Coun 150 – Laws Relating to Children
Richard M. Cartier
Class 6
Troxel and Parental Perogatives
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Do grandparents have a right to visit
their grandchildren?
What does this case say about the
current Supreme court’s view of
children as individuals with legal rights?
Historical Perspective
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“husband and wife are one”
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Women and children treated as property
Both owed a duty to obey
19th century reforms
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Married women property acts
Tender years doctrine
Other significant social changes
Defining Parentage
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Who is Dad?
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Biological parent
Presumed parent
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Married (or attempted to marry) mom
Named on birth certificate with his consent
Held the child out as his own
Paid support under a court order
What if there are multiple presumed dads?
Defining Parentage
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Who is mom?
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Birth mom – ‘gestational’
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Egg donor– ‘biological’
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Wanna be – ‘intended’
Who gets the Mother’s Day card?
Parentage & “the family”
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Historically
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Children of marriage
Illegitimate
Modernly
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Parents & children
Traditional v. Non-traditional families
California’s view
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Parents divorce each other NOT the children.
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Children should have a continuing
relationship with both parents.
Children should be with the parent who is
most willing to share them with the other
parent.
Legal Terms
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Physical custody
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Legal custody
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Joint
Sole ; Visitation
Joint
Sole
Guardianship
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Of the person
Of the estate
Order of Preference
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To the parents jointly OR to either parent
To the person with whom the child has been living in
a wholesome, stable environment
To a person we hope will provide the wholesome,
stable environment
Initially: “BEST INTEREST OF THE CHILD”
Modification: “Detriment + best interest”
Related concepts
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Legal parent
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Parent by estoppel
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De facto parent
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Psychological parent
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Guardianship of Phillip B.
Some strange cases . . .
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Sperm-donor dad & the lesbian lovers
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Surrogacy & the rest of the litter
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Dawn D.
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Troxel . . .
Troxel and Parental Prerogatives
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Do grandparents have a right to visit
their grandchildren? Should they?
What does the Troxel case say about
the current Supreme court’s view of
children as individuals with legal rights?