Defining the Child-Parent Relationship Coun 150 – Laws Relating to Children Richard M. Cartier Class 6

Troxel and Parental Perogatives 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 “husband and wife are one” Women and children treated as property Both owed a duty to obey 19th century reforms Married women property acts Tender years doctrine Other significant social changes

Defining Parentage Who is Dad? Biological parent Presumed parent 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 Who is mom? Who gets the Mother’s Day card? Birth mom – ‘gestational’ Egg donor– ‘biological’ Wanna be – ‘intended’ Who gets the Mother’s Day card?

Parentage & “the family” Historically Children of marriage Illegitimate Modernly Parents & children Traditional v. Non-traditional families

California’s view Parents divorce each other NOT the children. 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 Physical custody Legal custody Guardianship Joint Sole ; Visitation Legal custody Sole Guardianship Of the person Of the estate

Order of Preference 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 Legal parent Parent by estoppel De facto parent Psychological parent Guardianship of Phillip B.

Some strange cases . . . Sperm-donor dad & the lesbian lovers Surrogacy & the rest of the litter Dawn D. Troxel . . .

Troxel and Parental Prerogatives 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?