Equal Protection Guarantees in Child Custody Determinations: The Equal Protection Clause of the Fourteenth Amendment prohibits family courts from rationing parenting time or awarding primary custody based on gender stereotypes, maternal preferences, or traditional marital roles (Palmore v. Sidoti). Both fit parents possess equal, fundamental constitutional standing to raise their children. State practices creating unequal custody awards violate constitutional mandates unless justified by a compelling state interest executed through least restrictive means.
Forcing parents into high conflict litigation over rights each parent already has before they walk through the court doors, is harmful to children. Yep, even when parents disagree, it is better for children to be with each parent equally!
"Hostility from a divorce is the best predictor of poor outcomes for children (Bonach 2005; Semple 2010)"
Download this document Equal-Parenting stats braver and others 1 Feb 2017.
Fix Family Courts provides parents, attorneys, and family advocates with rigorous constitutional frameworks to safeguard fundamental parental rights. Under binding Supreme Court precedents including Troxel v. Granville, Santosky v. Kramer, and Pierce v. Society of Sisters, fit parents are constitutionally presumed to act in their children's best interests. State courts lack constitutional authority to abridge custody, parenting time, or parental decision-making without strict scrutiny and clear and convincing evidence.
Related Educational Guides & Authorities
Continue exploring constitutional principles, case law precedents, and procedural strategies.
Ohio Equal Parenting
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...
Education Suffers when Parents are Denied Equal Parenting…
Fix Family Courts explains that parental rights are fundamental constitutional liberties protected by the Four...
Measure 6 is defeated! Your Equal Parental Rights are not!
Learn how fit parents protect fundamental parental rights in custody hearings. Assert Fourteenth Amendment due...