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Troxel Revisited: A New Approach to Third Party Childcare
In 2000 in Troxel v. Granville, four United States Supreme Court justices determined that the “liberty interests of parents in the care, custody, and control of their children” generally foreclose states from compelling ...
Parentage Law (R)Evolution: The Key Questions
American state parentage laws have evolved significantly in the past half century in response to changes in both reproductive technologies and human conduct. Yet further evolution, if not a revolution, seems inevitable. ...
Constitutional Constraints on Second Parent Laws
American state parentage laws have traditionally required biological or adoptive ties and no more than two parents for any one child at any one time. Biological ties were demonstrated by giving birth or sperm. Adoptive ...
Survey of Illinois Law: Stepparent Childcare
In Illinois, the “liberty interests of parents” are reflected in the “superior rights doctrine,” which holds, as elsewhere, that parents have superior rights regarding the care of their children. This doctrine is necessitated ...
State Lawmaking on Federal Constitutional Childcare Parents: More Principled Allocations of Powers and More Rational Distinctions
Unlike other federal constitutional rightsholders, a parent with the federal constitutional right to exercise “care, custody, and control” over a child is defined by state lawmakers. While federal constitutional childcare ...
Expanded Stepparent and Grandparent Third-Party Childcare in Illinois
Recognizing the need for reforms involving, inter alia, parental and third-party childcare interests, the Illinois General Assembly created a study committee, resulting in several proposed amendments to the Illinois Parentage ...