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:
“The bond between a man and his profession is similar to that which ties him to his country; it is just as complex, often ambivalent, and in general it is understood completely only when it is broken: by exile or emigration in the case of one’s country, by retirement in the case of a trade or profession.”
—Primo Levi (1919–1987)
“Since you were so thankfully confused
By law with someone else, you cannot be
Semantically the same as that young beauty:
It was of her that these two words were used.”
—Philip Larkin (1922–1986)