Case Law
In Troxel v. Granville (2000), the U.S. Supreme Court affirmed that a biological parent holds a fundamental right in choosing how to raise one's children as they see fit. Later in the case of In re O'Donnell-Lamont (2004), the court affirmed an Oregon statute requiring a presumption the parent acts in the child's best interests to be met prior to applying the best interests of the child standard, placing both parties on equal footing. Likewise, the court upheld the requirement set forth mandating a child-parent relationship or long-term personal relationship existed between the child and non-blood related intervenor under the concept of the fundamental right of the parent. The court noted that the issue in itself allowed for an intervener with a legitimate purpose to come forth, and through the statute's requirement of first showing the relationship, second showing the rebuttal of the presumption, and finally judging the choice on the best interest of the child standard, the fundamental right of the parent was being given proper Due Process Requirements under the 14th Amendment Due Process Clause.
Read more about this topic: Child Custody Laws In The United States
Famous quotes containing the words case and/or law:
“There is not a more disgusting spectacle under the sun than our subserviency to British criticism. It is disgusting, first, because it is truckling, servile, pusillanimous—secondly, because of its gross irrationality. We know the British to bear us little but ill will—we know that, in no case do they utter unbiased opinions of American books ... we know all this, and yet, day after day, submit our necks to the degrading yoke of the crudest opinion that emanates from the fatherland.”
—Edgar Allan Poe (1809–1845)
“I am now quite lame, from scuffling, all my fingers stiffened by playing ball. Pretty business for a law student. Yes, pretty enough; why not? Good exercise and great sport.”
—Rutherford Birchard Hayes (1822–1893)