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Legal Research Plan

  • Submitted by: stephaniedawn76
  • on August 15, 2013
  • Category: Miscellaneous
  • Length: 3,064 words

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Unit 9 Assignment:   Legal Research Plan
Stephanie Royer
PA 201-02 Introduction to Legal Research
Professor Cynthia Middleton
July 21, 2013

Secondary Sources:
  1) John Dewitt Gregory, BLOOD TIES: A RATIONALE FOR CHILD VISITATION BY LEGAL STRANGERS, 55 Wash. & Lee L. Rev. 369 (1998).
Common law treats grandparents as legal strangers; today grandparents generally enjoy a statutory right to visitation. The States statutes vary depending on the circumstances under which a grandparent may petition for, or be entitled to, the right of visitation. Some States require the grandparent and the child to have established a substantial relationship before visitation rights may be granted.   Although, all states have general provisions that provide for some form of grandparent visitation, many statutes also list a wide variety of specific circumstances that permit a grandparent to petition for visitation rights. One might find statutory provisions that permit grandparents to petition for visitation when the child's parents are either divorced or are in the process of dissolving their marriage, or when either one or both of the child's parents has died.
  2) 24 Am. Jur. 2d Divorce and Separation § 895 (2013).
The court's broad powers to determine all issues in a dissolution action have been recognized to include jurisdiction over issues of the rights of grandparents and other nonparents to visitation. Grandparent visitation statutes provide a procedural mechanism for grandparents to acquire standing to seek visitation with minor grandchildren.
  3) George L. Blum, J.D., Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified, 69 A.L.R.5th 1 (1999).
Some statutes create a presumption that the best interests of children are served by maintaining contact with their grandparents. Under common–law principles, grandparents had no legal right to visit and to communicate with their grandchildren if such visitation...

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