Case Law's


Below are excerpts of case law from state appellate and federal district courts and up to the U.S. Supreme Court, all of which affirm, from one perspective or another, the absolute Constitutional right of parents to actually be parents to their children. This is a partial list!

Law and court procedures that are ”fair on their faces” but administered “with an evil eye or a heavy hand” was discriminatory and violates the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, 118 US 356, (1886)

Parent’s rights have been recognized as being “essential to the orderly pursuit of happiness by free man.“ Meyer v. Nebraska 262 U.S. 390; 43 S Ct 625, (1923)

Pierce v. Society of Sisters, 268 U.S. 510, 534-535 (1925)

Prince v. Massachusetts, 321 U.S. 158 (1944)

Moreover, the companionship, care, custody, and management of a parent over his or her child is an interest far more precious than any property right, May v. Anderson, 345 U.S. 528, 533 (1952)

Fantony v. Fantony, 122 A 2d 593, (1956)

State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights. Gross v. State of Illinois, 312 F 2d 257; (1963)

The Constitution also protects “the individual interest in avoiding disclosure of personal matters.” Federal Courts (and Sate Courts), under Griswold can protect, under the “life, liberty and pursuit of happiness” phrase of the Declaration of Independence, the right of a man to enjoy the mutual care, company, love and affection of his children, and this cannot be taken away from him without Due Process of Law. There is a family right to privacy which the state cannot invade or it becomes actionable for civil rights damages. Griswold v. Connecticut, 381 US 479, (1965)

The court stressed, “the parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection.“ A parent’s interest in the companionship, care, custody and management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus for personal meaning and responsibility. Stanley v. Illinois, 405 U.S. 645, 651; 92 S Ct 1208, (1972)

Judges must maintain a high standard of judicial performance with particular emphasis upon conducting litigation with scrupulous fairness and impartiality. 28 USCA 2411; Pfizer v. Lord, 456 F 2d 532; cert denied 92 S Ct 2411; US Ct App MN, (1972)

Wisconsin v. Yoder 406 U.S. 205, 232-233 (1972)

Father enjoys the right to associate with his children which is guaranteed by this amendment (first) as incorporated in Amendment 14, or which is embodied in the concept of “liberty” as that word is used in the Due Process Clause of the 14th Amendment and Equal Protection Clause of the 14th Amendment. Mabra v. Schmidt, 356 F Supp 620; DC, WI (1973)

The United States Supreme Court held that the “old notion” that “generally it is the man’s primary responsibility to provide a home and its essentials” can no longer justify a statute that discriminates on the basis of gender. No longer is the female destined solely for the home and the rearing of the family, and only the male for the marketplace and the world of ideas. Stanton v. Stanton, 421 US 7, 10; 95 S Ct 1373, 1376, (1975)

No bond is more precious and none should be more zealously protected by the law as the bond between parent and child. Carson v. Elrod 411 F Supp 645, 649; DC E.D. VA (1976)

Parent’s right to custody of child is a right encompassed within protection of this amendment which may not be interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable relation to some purpose within competency of state to effect. Regenold v. Baby Fold, Inc., 369 NE 2d 858; 68Ill 2d 419, appeal dismissed 98 S Ct 1598, 435 US 963, IL, (1977)

The U.S. Supreme Court implied that “a (once) married father who is separated or divorced from a mother and is no longer living with his child” could not constitutionally be treated differently from a currently married father living with his child. A due process violation occurs when a state-required breakup of a natural family is founded solely on a "best interest" analysis that is not supported by the requisite proof of parental unfitness. Quilloin v. Walcott, 98 S Ct 549; 434 U.S. 246, 255^Q56, (1978)

The United States Supreme Court has stated: “There is a presumption that fit parents act in their children’s best interest, Parham v. J.R., 442 U.S. 584, 602 (1979)

Legislative classifications which distributes benefits and burdens on the basis of gender carry the inherent risk of reinforcing stereotypes about the proper place of women and their need for special protection; thus even statutes purportedly designed to compensate for and ameliorate the effects of past discrimination against women must be carefully tailored. The state cannot be permitted to classify on the basis of sex. Orr v. Orr 99 S Ct 1102; 440 US 268, (1979)

Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of Delaney, 617 P 2d 886, Oklahoma (1980)

Parent’s interest in custody of her children is a liberty interest which has received considerable constitutional protection; a parent who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous loss and such loss deserves extensive due process protection. In the interest of Cooper, 621 P2d 437; 5 Kansas App Div 2d 584, (1980)

As such, the parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection, Lassiter v. Department of Social Services, 452 U.S. 18, 27 (1981)

The liberty interest of the family encompasses an interest in retaining custody of one’s children and, thus, a state may not interfere with a parent’s custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C. Conn. (1981)

Wise v. Bravo, 666 F 2d 1328, (1981)

Even when blood relationships are strained, parents retain vital interest in preventing irretrievable destruction of their family life; if anything, persons faced with forced dissolution of their parental rights have more critical need for procedural protections than do those resisting state intervention into ongoing family affairs. Santosky v. Kramer, 102 S Ct 1388; 455 US 745, (1982)

Brennan v. Brennan, 454 A 2d 901, (1982)

The right of a parent not to be deprived of parental rights without a showing of fitness, abandonment or substantial neglect is so fundamental and basic as to rank among the rights contained in this Amendment (9th) and Utah’s Constitution, Article 1 * 1. In re U.P., 648 P 2d 1364; Utah, (1982)

A parent’s right to the custody of his or her children is an element of “liberty” guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution. Matter of Gentry, 369 NW 2d 889, MI App Div (1983)

A parent’s right to the preservation of his relationship with his child derives from the fact that the parent’s achievement of a rich and rewarding life is likely to depend significantly on his ability to participate in the rearing of his children. A child’s corresponding right to protection from interference in the relationship derives from the psychic importance to him of being raised by a loving, responsible, reliable adult. Franz v. U.S., 707 F 2d 582, 595^Q599; US Ct App (1983)

The Due Process Clause of the 14th Amendment requires that severance in the parent-child relationship caused by the state occur only with rigorous protections for individual liberty interest at stake. Bell v. City of Milwaukee, 746 F 2d 1205; US Ct App 7th Cir WI, (1984)

The parent-child relationship is a liberty interest protected by the Due Process Clause of the 14th Amendment. Bell v. City of Milwaukee, 746 F 2d 1205, 1242^Q45; US Ct App 7th Cir WI, (1985)

The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (1st) and Amendments 5th, 9th, and 14th. Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985)

The U.S. Court of Appeals for the 9th Circuit (California) held that the parent-child relationship is a constitutionally protected liberty interest. (See; Declaration of Independence--life, liberty and the pursuit of happiness and the 14th Amendment of the United States Constitution-- No state can deprive any person of life liberty or property without Due Process of Law nor deny any person the equal protection of the laws.) Kelson v. Springfield, 767 F 2d 651; US Ct App 9th Cir, (1985)

Michael H. v. Gerald D., 491 U.S. 110, 120-121 (1989)

“No case authoritative within this circuit, however, had held that the state had a comparable obligation to protect children from their own parents, and we know that the obligation does not exist in constitutional law.” K.H. through Murphy v. Morgan, 914 F.2d 846 (C.A.7 Ill. 1990)

“Rights to marry, have children and maintain relationships with children are fundamental rights protected by the fourteenth Amendment and thus, strict scrutiny is required of any statutes that directly and substantially impair those rights.” P.O.P.S. v. Gardner, 998 F2d 764 (9th Cir. 1993)

There is normally no reason or compelling interest for the State to inject itself into the private realm of the family to further question fit parents’ ability to make the best decisions regarding their children Reno v. Flores, 507 U.S. 292, 304 (1993)

“Parents right to rear children without undue governmental interference is a fundamental component of due process.” Nunez by Nunez v. City of San Diego, 114 F3d 935 (9th Cir. 1997)

Washington v. Glucksberg, 521 U.S. 702, 719 (1997)

The “liberty interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interest” recognized by the U.S. Supreme Court, The State may not interfere in child rearing decisions when a fit parent is available.  Troxel v. Granville, 527 U.S. 1069 (1999), (99-138) 530 U.S. 57 (2000)

A parent’s right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the 1st, 9th, and 14th Amendments of the United States constitution. In re: J.S. and c., 324 A 2d 90; supra 129 NJ Super, at 489

                There are plenty more cases that show this fundamental finding for parents. There are also many rulings that confirm Grandparents have rights as well. Even foster parents and custodial relatives. It is important to know these cases and your rights so the system doesn’t force their positions on your family. Please take a chance and review these cases listed above. Several of the cases I didn’t list any excerpts due to the fact that the rulings have much more to add and I didn’t feel like I should take an excerpt out of these findings in part. You will also find plenty more in these case rulings if you research them. 

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