Legal Research
Name:
Institution
Legal Research
Part 1
- Sources
1. Marrus, E. “Over the Hills and Through the Woods to Grandparents’ House We Go: or Do We, Post-Troxel?” Arizona Law Review. 43 (2001): 751-818.
This scholarly works provides an in-depth discussion of the arguments arising from the renowned custody case Troxel v. Granville 530 U.S. 57 (2000) and its influence on incidences of conservatorship, possession, and access to children.
2. Casper, Lynne M, and Suzanne M. Bianchi. Continuity & Change in the American Family. Thousand Oaks, Calif: Sage Publications, 2002.
The text provides readers into the demographic shifts and structures of American families and related values. The text provides excellent information pertaining to the increased role played by grandparents in taking care of their grandchildren.
3. Jimmy L. Verner. Grandparents’ Rights In Texas. JDSUPRA. 2005. http://www.jdsupra.com/post/documentViewer.aspx?fid=ef257464-f973-40a3-804a-ef4e1a185307
The document provides a discussion of the rights of grandparents as established through precedent in cases such Troxel v. Granville 530 U.S. 57 (2000) and its influence in providing legal basis for grandparents to seek access to their grandchildren and sustaining relationships with the children of their children (as noted in the text).
- IRAC
Issue
The issue in this case pertains to the conservatorship, possession, and access to children. Laws on conservatorship, possession, and access to children describe the relationship between a child and parents or guardians. The rights of grandparents to establish and retain relations with their grandchildren are relatively complex under Texas laws (Marrus, 2001).
Rule
In Troxel v. Granville 530 U.S. 57 (2000) related to the rights exercised by grandparents such that they can maintain relations with their grandchildren in the event that their child(parent) becomes deceased and the surviving parent objects the relationship between a child and the grandparents. The decision affirmed in the case (based on plurality opinion, three dissents and two concurrences) placed the issue as confusing (Marrus, 2001).
Analysis
It is evident that the involvement of the grandparents in brining up the children provides adequate basis for continued, albeit limited and controlled, interactions with the children. In addition, it is critical to take into account the wellbeing and utmost benefits accruable to the children from the relations with their grandparents (Marrus, 2001).
Conclusion
The court case affirmed the Fundamental rights of the parent to make decisions as protected by the Due Process Clause of the Fourteenth Amendment, which safeguards the right of the surviving parent to make decisions related to care, custody and control of a child. The law presumes that the parent acts in the best interest of the child in denial of non-parent visitation (grandparent visitation and access).
Statutes
- Due Process Clause of the Fourteenth Amendment
- Texas Family Code Ch. 153 Subchapter H
Administrative offices/agencies
Texas State Law Library. http://guides.sll.texas.gov/grandparents-rights
The Attorney General of Texas. https://www.texasattorneygeneral.gov/seniors/grandparents-page
Websites
Cotton Schmidt& Abbott, L.L.P. Grandparent’s rights in Texas-An Overview. http://www.csa-lawfirm.com/grandparents-rights-in-texas-an-overview/
Kristina Otterstrom. Do Grandparents Have Visitation Rights in Texas? DivorceNet.
Part 2
Jack Jones &Associates, L.L.P.
12451 Maple Street,
Houston, Texas.
3rd May 2016
Dear Client,
I would like to express my gratitude for visiting our offices in seeking assistance concerning visitation rights to your grandchildren. There is a need to undertake an extensive discussion on various issues to illustrate the necessity and importance of maintaining and growing the relationship between the grandparents and the children (Casper & Bianchi, 2002). There is hope for visitation (access) based on a number of issues namely:
1. The child’s parent has been deceased,
2. The grandparent/s is able to illustrate negative emotional or physical health outcomes from denial of visitation
3. The current environment of growth of the child
I hope to hear from you in the forthcoming days before the trial as we discuss a number of issues pertaining to the status of your relationship with the children.
Regards,
Jack Jones &Associates, L.L.P.
References
Casper, L. M, & Bianchi, S. M. (2002).Continuity & Change in the American Family. Thousand Oaks, Calif: Sage Publications.
Marrus, E. (2001). Over the Hills and Through the Woods to Grandparents’ House We Go: or Do We, Post-Troxel?. Arizona Law Review 43 . 751-818.