A Curious Parental Right

33 Pages Posted: 19 Apr 2017 Last revised: 18 Jul 2019

See all articles by Margaret Ryznar

Margaret Ryznar

Indiana University Robert H. McKinney School of Law

Date Written: April 17, 2017

Abstract

The United States Supreme Court has not articulated the appropriate level of scrutiny for judicial review of interferences with the parents’ care, custody, and control of their children, despite determining it to be constitutionally fundamental. While some observers have called for the selection of a level of scrutiny to prevent inconsistencies among the lower courts, the complexity of the parental right has made it difficult for courts to use one level of scrutiny in such cases. To accommodate this complexity, this Article begins to build a new framework for conceptualizing the parental right in a way that explains and justifies using more than one level of scrutiny in a consistent and predictable way, depending on the specific parental issue at stake.

Keywords: Family Law, Domestic Relations, Constitutional Law, Parental Rights, Strict Scrutiny

Suggested Citation

Ryznar, Margaret, A Curious Parental Right (April 17, 2017). Southern Methodist University Law Review, Vol. 71, No. 1, pp. 127-158 (2018).. Available at SSRN: https://ssrn.com/abstract=2954062

Margaret Ryznar (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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