Protecting Equal Rights in Inter-Parental Conflict: When fit parents divorce, their fundamental rights do not cancel each other out; both parents retain equal constitutional protection under the Fourteenth Amendment (Stanley v. Illinois, 405 U.S. 645). A family court cannot pick a winner based on subjective preference, but must enforce equal shared parenting unless a compelling interest is proven by clear and convincing evidence.
Rights in Conflict
What are two of the main excuses that the courts, the legislators, the judges, and everyone else says to parents who are fighting over custody?
The court has to decide between the two of you because your rights are in conflict. And the court gets to involve themselves in your life now because you couldn't figure it out on your own and agree between the two of you. And a big one…you invited them into your life so your life is no longer private.
RIGHTS IN CONFLICT DISCUSSION: Every court case is a conflict in rights whether it's a contract between two individuals or whether it's a criminal case, there is always a dispute about rights.
PRIVACY DISCUSSION: Your right to privacy cannot disappear because you enter the courtroom. You are there to ask the court to protect these rights. Certainly nobody expects going to court is waiving their rights. You must make a knowing and intelligent waiver before you have waived your rights..
BOTTOMLINE: Be absolutely certain you make it clear if you do not intend to waive these rights in any way, shape, or form.
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