The state asserts that a child has a right to stability or continuity.
What exactly does this mean in constitutional law?
One Federal District Court put it this way:
“To safeguard the right of parents to raise their children as they see fit, free of government intrusion, except in cases of neglect and abandonment, is to safeguard each child’s need for continuity. This preference for minimum state intervention and for leaving well enough alone is reinforced by our recognition that law is incapable of effectively managing, except in a very gross sense, so delicate and complex a relationship as that between parent and child.” Doe v. Irwin, 441 F. Supp. 1247 (Dist. Court, WD Michigan 1977) AT 1256, 1257,
So what we see is that the child’s right to stability or the right to continuity is really the child’s 1st Amendment association right (see our 1st amendment treatise) to have and maintain the parent child relationships that they have with each of their parents. Where the court favors one relationship and diminishes the other relationship, the state is depriving the child of their right to stability.
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