Constitution Day

When you become a parent, understanding your rights under the U.S. Constitution may seem less than necessary. However, these rights can become crucial, especially during a divorce or child custody dispute. To help you navigate this complex area, and to celebrate Constitution Day, here is a summary of the fundamental rights granted to parents by the Constitution in family law matters.

Although the U.S. Constitution does not explicitly list parental rights, the United States Supreme Court has interpreted the Due Process Clause of the 14th Amendment to encompass certain essential rights for parents. These include the rights to have children (or not), care for them, to maintain custody, and to make decisions regarding children’s education, upbringing, and overall welfare. The Court has recognized these rights as fundamental liberties belonging to parents, and described them as “the oldest of the fundamental liberty interests recognized by the Court.” Troxell v. Granville, 530 U.S. 57 (U.S. 2000); Washington v. Glucksberg, 521 U.S. at 720, 117 S. Ct. at 2267.

One of the earliest rights acknowledged by the Supreme Court involves a parent’s freedom to raise their child as they see fit, without undue interference from the state. Historically, the Court has struck down state restrictions or mandates related to a child’s education and associations. For example, in 1923, the Court deemed unconstitutional a statute that banned the teaching of the German language to children, asserting that it infringed upon a parent’s right to choose their child’s education. Meyer v. Nebraska, 262 U.S. 390 (1923). This decision was reinforced two years later when the Court invalidated a law requiring all children to attend public schools, ruling that it violated a parent’s right to educate their child through private or homeschooling options. Pierce v. Soc’y of Sisters, 268 U.S. 510 (1925).

Also, parents have rights that grandparents do not, per the Supreme Court. In Troxel v. Granville, the Court held that a state may not require a parent to permit visitation between their child and grandparents if the parent does not desire to maintain such contact. Troxel v. Granville, 530 U.S. 57 (2000). This ruling reinforces that a parent’s rights over their child are special, and more protectable than anyone else’s rights to that child.

Additionally, the Court has affirmed that familial associations are protected under the Fourteenth Amendment, which guarantees a substantive due process right related to privacy. This protection means that the state cannot interfere with family relationships without a compelling justification. Kraft v. Jacka, 872 F.2d 862, 871 (9th Cir. 1989); Shondel v. McDermott, 775 F.2d 859, 865-66 (7th Cir. 1985); Fleisher v. City of Signal Hill, 829 F.2d 1491, 1499 (9th Cir. 1987); Arnold v. Board of Educ., 880 F.2d 305, 312 (11th Cir. 1989)

However, the fundamental right to parent is not absolute. The government can interfere if it serves a compelling state interest, and if the intervention is the least restrictive means of achieving that interest. For example, in Prince v. Massachusetts, the Court ruled that the state could intervene if a parent exposes their child to significant harm, to protect the child’s welfare. Prince v. Massachusetts, 321 U.S. 158 (1944). The Court has also ordered that parents have the right to legal representation in proceedings determining their fitness as parents. Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18 (1981). Finally, the Court found that parental rights may only be terminated upon a showing of clear and convincing evidence that they are unfit to parent the child, where previously some laws allowed termination of a parent’s rights on a preponderance of the evidence standard. Santosky v. Kramer, 455 U.S. 745 (1982).

Understanding these constitutional protections can be crucial in a divorce or child custody case. Your rights are important, and your attorney should clearly understand the constitutional implications of the decisions at issue in your case. If you are involved in a custody dispute, it’s essential to work with a knowledgeable and experienced attorney to protect your rights.