The Independence Law Center filed an amici brief before the U.S. Supreme Court asking the Court to respect parental rights. The case involves an amazing set of facts. After a husband and wife divorced, the wife remarried. Shortly after the remarriage, the wife died. Her new husband petitioned for custody of the first husband’s daughter. Even though the first husband was a fit, involved parent, the court granted custody to the second husband. Because the child spent time at the second husband’s home (because he was married to the child’s mother), the court deemed the second husband to be a parent. The court then divested the true father of custody to give primary custody to the new “parent.”
“While the tragedy of divorce can tear parents from their children and children from their parents, no parent-child relationship should be invaded in a situation like this,” said Randall Wenger of the Independence Law Center. “Unless a parent is shown to be unfit, parents have a fundamental right to maintain their role as a parent to their children. We are hopeful that the Supreme Court will reaffirm this ageless truth.”
The Independence Law Center filed this brief in partnership with Ted Hoppe of Hoppe & Martin, LLP.