Stanley v. Illinois (father\'s rights) PDF

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St Johns Law 2020 Family Law Course; Professor Jennifer Baum; Case Brief and Lecture Notes from course materials...

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FAMILY LAW FALL 2020 CASE BRIEF/LECTURE NOTES

FATHER’S RIGHTS Stanley v. Illinois 1) Facts: Joan Stanley lived with peter Stanley for 18 years and had three children, when john died, under Illinois law, unwed fathers become wards of the state upon the death of the mother. Upon her death Stanley’s children were declared wards of the state and placed with guardians. 2) The court says the interest is a man in the children he had raised and he has the interest of a parent in the companionship of his children. 3) The court goes onto say that children are no longer property, and there is an interest in safeguarding and providing the best interest of the community and strength the minor’s family ties and removing him form the custody of his parents only when his welfare or protection cannot be safeguarded. 4) HERE, THE COURT IS LOOKING AT THE ENDS AND WHETHER IT IS CONSTITUTIONAL DEFENSIBLE. a) State registers no gain towards its declared goals when it separate children form the custody of fit parents. b) The state argues that most unmarried fathers are unsuitable and neglectful parents. c) Stanley may be a parent and that his children should be placed in other hands, but all unmarried fathers are not in this category. d) Even though the state may have an interest the constitution recognizes higher values than speed and efficiency, and they were to protect the citizens. e) PROCEDURE BY PRESUMPTION IS CHEPAER BUT ITFORECLSOURES COMPETE AND CARE AND IT CANNOT STAND....