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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 ...
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 ...
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 ...
Challenges in Handling Imprecise Parentage Matters
Legal parentage under American state laws is significantly and rapidly evolving. And, it is increasingly imprecise. No longer is legal parentage only defined at precise moments in time or for particular conduct, as by ...