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Family Law

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Golden Gate University School of Law

2010

California family code

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Full-Text Articles in Law

That "Thorny Issue" Redux: California Grandparent Visitation Law In The Wake Of Troxel V. Granville, Joan Catherine Bohl Oct 2010

That "Thorny Issue" Redux: California Grandparent Visitation Law In The Wake Of Troxel V. Granville, Joan Catherine Bohl

Golden Gate University Law Review

This article is about Troxel's practical impact as it has played out in the laboratory of the California court system. To understand Troxel's effect, one must first understand the legal and social landscape that preceded it. Accordingly, the first section of this article explores the political and societal origins of grandparent Visitation statutes. It also reviews the basic types of grandparent visitation statutes and the arguments made on each side of a typical pre-Troxel grandparent visitation suit. The second step in understanding Troxel's effect is to understand the decision itself. Troxel is a plurality opinion. Although the individual concurrences and …


Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta Sep 2010

Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta

Golden Gate University Law Review

Sharon S. v. Superior Court is pending review before the California Supreme Court. This case may nullify second-parent adoptions granted in California prior to the enactment of Assembly Bill 25, which gave same-sex domestic partners the statutory right to adopt their partner's children. Section I will examine the factual history and majority and minority opinions in Sharon S. Next, Section II of this comment will survey the history of adoption law and California Assembly Bill 25. Finally, Section III of this comment will consider differing state court opinions regarding second-parent adoptions. Section III will also offer remedies to counteract potential …