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Under the United States Constitution 14th Amendent Children Rights

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Under the United States Constitution 14th Amendent Children Rights; One is free from Government involvement: Also, California law confers discretion on the court to grant “reasonable visitation” rights “to any other person [a nonparent] having an interest in the welfare of the child.” [Ca Fam § 3100(a) –“reasonable visitation may be ordered to any other person . . .” (emphasis added); Barkaloff v. Woodward (1996) 47 Cal.App.4th 393, 398, 55 Cal.Rptr.2d 167, 170], get familiar with this: “However, this right is limited. Parents have a 14th Amendment substantive due process “fundamental right” (a “liberty interest”) to make decisions concerning the care, custody and control of their children. A state law that, as applied, allows trial courts to grant nonparent visitation rights over a parent’s objection whenever the court determines such visitation may serve the child’s best interest, unconstitutionally infringes on that right. [Troxel v. Granville (2000) 530 U.S. 57, 65-70, 120 S.Ct. 2054, 2060-2062 (invalidating application of Wash. statute authorizing grandparent visitation solely on “best interest” showing] ” read more at www.leginfo.ca.gov
Official California Legislative Information
www.leginfo.ca.gov

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Written by dawneworswick

January 25, 2012 at 7:23 pm

Posted in Uncategorized

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