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Defining the Child-Parent Relationship

This article delves into the complexities of the child-parent relationship, focusing on legal frameworks that define parental rights and responsibilities. It discusses significant cases like Troxel, exploring grandparents’ rights to visit their grandchildren and how these cases shape the current understanding of children as individuals with legal rights. The historical context highlights the evolution of parentage definitions, societal changes toward family structures, and the impact of divorce on children's well-being. Key legal terms related to custody and parentage are reviewed, providing a comprehensive overview.

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Defining the Child-Parent Relationship

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  1. Definingthe Child-Parent Relationship Coun 150 – Laws Relating to Children Richard M. Cartier Class 4 – Pages 47-87

  2. 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?

  3. 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

  4. 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 a multiple presumed dads?

  5. Defining Parentage • Who is mom? • Birth mom – ‘gestational’ • Egg donor– ‘biological’ • Wanna be – ‘intended’ • Who gets the Mother’s Day card?

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

  7. 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.

  8. Legal Terms • Physical custody • Joint • Sole ; Visitation • Legal custody • Joint • Sole

  9. 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”

  10. Related concepts • Legal parent • Parent by estoppel • De facto parent • Psychological parent

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

  12. 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?

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