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Grandparents' Rights
12
Flashcards
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Best Interest of the Child
A common standard used to decide custody and visitation issues, focusing on the child's happiness, security, mental health, and emotional development.
Guardianship
A legal relationship where a person is given the legal authority by a court to take care of a child and manage their property.
Visitation Rights
Refers to the right of a non-custodial parent or grandparent to visit with a child on a regular basis.
Custodial Rights
The rights that a custodian, possibly a grandparent, has regarding a child's care and upbringing, potentially including full legal and physical custody.
Adoption
The legal process by which a person becomes the legal parent of a child, which can occur when grandparents adopt their grandchild.
Parental Unfitness
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.
Parental Consent
The approval that a parent must give for certain legal actions regarding their child, which may include allowing a grandparent visitation or custody.
Child's Health and Safety
Primary considerations in any decision regarding custody or visitation, with the aim to protect the child's physical and emotional well-being.
Family Code Statutes
Laws within a state's family code that provide the legal basis for grandparent custody and visitation rights.
Parens Patriae
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.
Troxel v. Granville (2000)
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.
Modification of Visitation
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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