Grandparent Visitation
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Grandparent Visitation
Grandparent visitation is a legal right that grandparents in some jurisdictions may have to have court-ordered contact (or visitation) with their grandchildren. In no case is contact between grandparents and children considered an inalienable right. United States , all US states have statutes that permit non-parents to ask a court to grant them the legal right to maintain ongoing contact with a child. In many states, these statutes explicitly name grandparents and great-grandparents as potentially eligible people. 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. State statutes pertaining to grandparent visitation must comport with the United States Supreme Court decision of '' Troxel v. Granville''. This case, decided in 2000, involved a dispute between a widowed mother and her deceased partners parents, the child's paternal grandparents. The mot ...
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Grandparent
Grandparents, individually known as grandmother and grandfather, or Grandma and Grandpa, are the parents of a person's father or mother – paternal or maternal. Every sexually reproducing living organism who is not a genetic chimera has a maximum of four genetics, genetic grandparents, eight genetic great-grandparents, sixteen genetic great-great-grandparents, thirty-two genetic great-great-great-grandparents, sixty-four genetic great-great-great-great-grandparents, etc. In the history of modern humanity, around 30,000 years ago, the number of modern humans who lived to be a grandparent increased. It is not known for certain what spurred this increase in longevity, but it is generally believed that a key consequence of three generations being alive together was the preservation of information which could otherwise have been lost; an example of this important information might have been where to find water in times of drought. In cases where parents are unwilling or unable to pr ...
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Contact (law)
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule.Cambridge DictionaryVisitation/ref> The visitation term is not used in a shared parenting arrangement where both parents have joint physical custody.Jennifer Wolf, Types of custody and visitation, Very Well Family, January 27, 2019. Unsupervised visitation is the most common type, when the parent may take the child to his or her home or enjoy any outing with the child. In supervised visitation, another adult must be present, and there is sometimes a court order to occur at a predetermined supervised child contact centre. Virtual visitation uses video-conferencing technology to allow contact when a child lives far away from the parent. Concept In most jurisdictions the nature of a couple's relationship is established when a child is born to that relationship. In law, there may be ...
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Inalienable Right
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great, his pupil Thomas Aquinas, and Jean Gerson in his 1402 work "''De Vita Spirituali Animae."'' Du ...
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Best Interests Of The Child
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". Assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children". Definition According to the UN Convention on the Rights of the Child, assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children". Due to the diversity of factors to consider, usually more than one profession or institution is involved in the assessment ...
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Child Custody Laws In The United States
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment, and other legal proceedings in which children are involved. In most jurisdictions the issue of with which parent the child will reside is determined in accordance the best interests of the child standard. In rare cases custody may be awarded to somebody other than a parent, but only after the fundamental right afforded to biological parent's has been overcome or where the third party has an established role that is in the manner of a parent. When a child's parents are not married it is necessary to establish paternity before issues of child custody or support may be determined by a court. Family law proceedings that involve issues of custod ...
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Troxel V
Troxel is a surname. Notable people with the surname include: * Andrea Troxel, American biostatistician *Ed Troxel Edward Ross Troxel (November 20, 1925 – January 22, 2001) was a high school and college football coach in Colorado, Idaho, and eastern Washington. His most notable coaching stops were at Borah High School in Boise, the University of I ... (1925–2001), American football coach * Gary Troxel, American singer, member of The Fleetwoods * Melanie Troxel, American drag racer See also * Troxell {{surname ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ...
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Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to ...
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Tibbs V
Tibbs is a surname, which may refer to: * Tibbs (surname), includes a list of notable people with the surname Other uses * "They Call Me Mister Tibbs!", a notable line from the 1967 American movie '' In the Heat of the Night'' * ''They Call Me Mister Tibbs!'', a 1970 American movie and sequel to the above * TIBBS, a bulletin board system of the 1980s See also * * * Tibs (other) * Tibb's Eve, a regional holiday in Newfoundland, Canada * Evans-Tibbs House The Evans-Tibbs House is an historic house in the Shaw neighborhood of Washington, D.C. It has been listed on the District of Columbia Inventory of Historic Sites since 1985 and it was listed on the National Register of Historic Places in 19 ...
, a historic residence in Washington, D.C. {{disambig ...
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