Unit 9 Assignment
PA201: Introduction to Legal Research
Professor: Carlene DiPrenda
January 20, 2015
The first source I have chosen is Anna Sortun, REBUTTING THE PARENTAL PRESUMPTION IN OREGON: SUBSTANTIATING EMOTIONAL BONDS AFTER TROXEL V. GRANVILLE, 82 Or. L. Rev. 1191 (2003).
This article discusses what is best for a child and how each situation can be is uniquely delicate. It also talks about the continuity, attachment, and emotional impact of removing a child from the care of long-term caregivers, such as grandparents.
The second source I chose is Philip F. Schuster II, CONSTITUTIONAL AND FAMILY LAW IMPLICATIONS OF THE SLEEPER AND TROXEL CASES: A DENOUEMENT FOR OREGON'S…show more content…
The Court did not pass on Granville’s constitutional challenge to the visitation statute.
Whether section 26.10.160 of the Revised Code of Washington unconstitutionally interferes with a parent’s fundamental right to raise his or her children as he or she sees fit?
Yes, the statute does unconstitutionally interfere with a parent’s right to make child-rearing decisions as desired.
The Court reasoned that the Washington statute violated parents’ rights under the Fourteenth Amendment’s Due Process Clause because it stripped them of the autonomy to make best care decisions for their young.
The judgment is affirmed.
1. V.I. Code Ann. tit. 16 § 606 (2002)
(a) Once a grandparent has been granted visitation rights, the grandparent shall be given proper notice of any petition or order providing for a change in custody or visitation rights, and the grandparent shall have standing to intervene and be heard in any hearing affecting the grandparent's visitation rights.
(b) Any order granting, modifying or denying parent visitation rights shall not affect visitation rights granted to a grandparent pursuant to this chapter, absent a specific finding pursuant to section 608 of this chapter.
(c) If the child is actually residing with a grandparent in a stable relationship, whether the court has awarded custody or visitation to the grandparent or not,