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Grandparents' Rights

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Best Interest of the Child

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A common standard used to decide custody and visitation issues, focusing on the child's happiness, security, mental health, and emotional development.

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Family Code Statutes

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Laws within a state's family code that provide the legal basis for grandparent custody and visitation rights.

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Modification of Visitation

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The process by which an existing visitation order is changed, potentially increasing or restricting a grandparent's access to their grandchild.

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Parental Consent

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The approval that a parent must give for certain legal actions regarding their child, which may include allowing a grandparent visitation or custody.

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Parens Patriae

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A doctrine that allows the state to intervene on behalf of a child if a parent is unable or unwilling to take care of them, which may lead to granting rights to grandparents.

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Troxel v. Granville (2000)

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A U.S. Supreme Court case that held that parents have a fundamental right to control the upbringing of their children, which can affect state laws on grandparent visitation.

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Visitation Rights

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Refers to the right of a non-custodial parent or grandparent to visit with a child on a regular basis.

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Custodial Rights

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The rights that a custodian, possibly a grandparent, has regarding a child's care and upbringing, potentially including full legal and physical custody.

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Adoption

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The legal process by which a person becomes the legal parent of a child, which can occur when grandparents adopt their grandchild.

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Parental Unfitness

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A legal determination that a parent is not capable of providing a safe and nurturing environment for a child, possibly leading to grandparents seeking custody.

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Guardianship

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A legal relationship where a person is given the legal authority by a court to take care of a child and manage their property.

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Child's Health and Safety

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Primary considerations in any decision regarding custody or visitation, with the aim to protect the child's physical and emotional well-being.

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