Your browser does not support script
TWV Presents...



White Pages

[Show all]


Views: 1,635,052


Year: 2002 ...

The WitchVox List of Resources for the Environment


Year: 2000 ...

Education and the Pagan Child

We Pray Too: A Report From The Bible Belt

You Call It Groundhog Day, We Call It Imbolc (print version)

FAQ's of Witchcraft in Spanish (Print Version)

Areas of Concern Regarding Security


Year: 1999 ...

Pagans and Non-Profits (creating them with care)

Care And Feeding Of Your Local Journalist


Year: 1998 ...

Pagan Divorce: Child Custody - An Overview

Pagan Divorce: Child Custody Support Links

You Call It Easter, We Call It Ostara (print version)

Pagan Divorce: Child Custody - Kendall vs. Kendall

Legal Aid Links

Pagan Divorce: Child Custody - State Decisions

Pagan Divorce: Child Custody - Making Your Case

Pagan Divorce: Child Custody In Court

Pagan Divorce: Child Custody Wren Story

Pagan Divorce: Child Custody - Federal Decisions

RFRA Passes in Florida

RFRA Passes in Connecticut

RFRA Passes in Rhode Island


Year: 1997 ...

Supreme Court Decissiins - Prayer in Schools

You Call It Hallowe'en... We Call It Samhain (print version)

FAQ's of Witchcraft (Print Version)

Wearing a Pentacle in School

Samhain and The Dress Code

You Call it Christmas, We Call it Yule (print version)

The Equal Access Act: YOUR rights as a student

Sample: Parental Permission Slip

Know Your Legal Rights

A letter to your local Elementary Schools

Samhain Press Kit

Canada - Charter of Rights & Freedoms

Canada - Freedom of Religion

School Official Reactions Due To An "Occult" Scare.

How to talk about the Radical Right

How to talk to the Media or, How to Get Your Local Rag to Take Your Religion Seriously

A letter to your local Police

The Ballard Case (1944)

Merchants Letter

Media Petition


NOTE: For a complete list of articles related to this chapter... Visit the Main Index FOR this section.










Article Specs

Article ID: 2165

VoxAcct: 1

Section: white

Age Group: Adult

Days Up: 5,744

Times Read: 14,750

Pagan Divorce: Child Custody - Federal Decisions

Author: Wren
Posted: July 26th. 1998
Times Viewed: 14,750

Child Custody - Supreme Court Rulings citing the 14th Amendment

Disclaimer: The following case abstracts do not constitute legal advice. Nor do they serve as a substitute for legal advice. These abstracts are for informational and educational use in conjunction with the legal services of an attorney admitted to the Bar of your state.

Even when blood relationships are strained, parents retain vital interest in preventing irretrievable destruction of their family life; if anything, persons faced with forced dissolution of their parental rights have more critical need for procedural protections The Supreme Court noted its "historical recognition that freedom of personal choice in matters of family life is a fundamental liberty interest protected by the Fourteenth Amendment."-SANTOSKY V. KRAMER, 102 S.Ct. 1388; 455 U.S. 745, (1982).

In applying the protection of the Fourteenth Amendment, the United States Supreme Court has held that "where certain fundamental rights are involved... regulation limiting these rights may be justified only by a 'compelling state interest' ...and ...legislative enactments must be narrowly drawn to express only the legitimate state interests at stake. State interference with a fundamental right must by justified by a "compelling state interest."-ROE V. WADE. 410 U.S. 113, 155 ; 93 S.Ct. 705; 35 L Ed 2d 147, (1973)

While this court has not attempted to define with exactness the liberty thus guaranteed [by the Fourteenth Amendment] ... Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.-MEYER V. NEBRASKA, 262 U.S. 390, 399 (1923).

In addition to recognizing as a fundamental liberty interest the right of parents to raise their children, the Supreme Court has also established that the Constitution's guarantee to fundamental privacy rights also embodies a fundamental right to parental autonomy in child rearing. The Court acknowledged a "private realm of family life which the state cannot enter."-PRINCE V. MASSACHUSETTS, 3210 U.S. 158, 166 (1944); MOORE V. CITY OF EAST CLEVELAND, 431-U.S. 494 (1977).

The Supreme Court has clearly established that to constitute a compelling interest, state interference with a parent's right to raise his or her child must be for the purpose of protecting the child's health or welfare.-WISCONSIN v. YODER, 406 U.S. 205, 230 (1972).

Other Pages in our Child Custody and the Modern Pagan Series:



Important Note: The Witches' Voice Inc. does not offer legal advice nor are we qualified to do so. This document does not constitute legal advice but is intended to be used in conjunction with the legal services of an attorney licensed to practice in your state. This document can be copied and distributed to your lawyer should you decide that you need the services of one.




ABOUT...

Wren


Location: Tampa, Florida




Other Articles: Wren has posted 317 additional articles- View them?

Other Listings: To view ALL of my listings: Click HERE




Email Wren... (No, I have NOT opted to receive Pagan Invites! Please do NOT send me anonymous invites to groups, sales and events.)

To send a private message to Wren ...



Pagan Essays
1996-2014





Pagan Web
8,000 Links





Pagan Groups
Local Covens etc.





Pagan/Witch
80,000 Profiles














Home - TWV Logos - Email US - Privacy
News and Information

Chapters: Pagan/Heathen Basics - Pagan BOOKS - Traditions, Paths & Religions - Popular Pagan Holidays - TV & Movies - Cats of the Craft - Festival Reviews - Festival Tips - White Pages (Resources) - Issues/Concerns - West Memphis 3 - Witch Hunts - Pagan Protection Tips - Healing Planet Earth

Your Voices: Adult Essays - Young Pagan Essays - Pagan Perspectives (On Hold) - WitchWars: Fire in the Craft - Gay Pagan - Pagan Parenting - Military - Pagan Passages

Pagan Music: Pagan Musicians - Bardic Circle at WitchVox - Free Music from TWV

Vox Central: About TWV - Wren: Words, Wrants and Wramblings - Guest Rants - Past Surveys - A Quest for Unity

Weekly Updates: Click HERE for an index of our weekly updates for the past 6 years

W.O.T.W. - World-Wide Networking

Your Town: A Link to YOUR Area Page (The largest listing of Witches, Pagans, Heathens and Wiccans on the Planet)

VoxLinks: The Pagan Web: 8,000 Listings

Your Witchvox Account: Log in Now - Create New Account - Request New Password - Log in Problems

Personal Listings: Pagan Clergy in Your Town - Adult Pagans - Young Pagans - Military Pagans

Events: Circles, Gatherings, Workshops & Festivals

Covens/Groups/Orgs: Local Groups Main Page

Other LOCAL Resources: Local Shops - Regional Sites - Local Notices - Global/National Notices - Local Skills & Services - Local Egroups - Political Freedom Fighters

Pagan Shopping: Online Shops Index - Original Crafters Sites - Auction Sites - Pagan Wholesalers - Pagan Local Shops



Web Site Content (including: text - graphics - html - look & feel)
Copyright 1997-2014 The Witches' Voice Inc. All rights reserved
Note: Authors & Artists retain the copyright for their work(s) on this website.
Unauthorized reproduction without prior permission is a violation of copyright laws.

Website structure, evolution and php coding by Fritz Jung on a Macintosh G5.

Any and all personal political opinions expressed in the public listing sections (including, but not restricted to, personals, events, groups, shops, Wren’s Nest, etc.) are solely those of the author(s) and do not reflect the opinion of The Witches’ Voice, Inc. TWV is a nonprofit, nonpartisan educational organization.

Sponsorship: Visit the Witches' Voice Sponsor Page for info on how you
can help support this Community Resource. Donations ARE Tax Deductible.
The Witches' Voice carries a 501(c)(3) certificate and a Federal Tax ID.

Mail Us: The Witches' Voice Inc., P.O. Box 341018, Tampa, Florida 33694-1018 U.S.A.
Witches, Pagans
of The World




Search Articles
1996-2014










 Current Topic
 Editorial Guide


NOTE: The essay on this page contains the writings and opinions of the listed author(s) and is not necessarily shared or endorsed by the Witches' Voice inc.

The Witches' Voice does not verify or attest to the historical accuracy contained in the content of this essay.

All WitchVox essays contain a valid email address, feel free to send your comments, thoughts or concerns directly to the listed author(s).