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In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
The Supreme Court declared that a parent's fundamental right to the "care, custody and control of their children" was "at issue in this case." They held that in order for state laws to be constitutional, three things need to be in the law: If there is a claim or action filed, it is the grandparent that has the burden of proof;
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The obstacles can be even greater in "informal" care arrangements, where the relative caregiver lacks a legal relationship (such as legal custody or guardianship) with the child. According to the 2000 U.S. Census, less than 20% of children raised by grandparents have legal custody arrangements. [9]
Supervised visitation bridges the gap between keeping the child safe and supporting the family relationship and parental rights. One constant, worldwide, is that supervised visitation has few legal guidelines as little legislation addresses it directly. However, many courts and state departments have set guidelines regarding supervised visitation.
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