Parental rights win out, even if the children's best interest might best be served by other guardians, according to a Nebraska Supreme Court decision reaffirming the constitutional right of parents.
The high court overturned a Perkins County District Court decision that two children should remain with grandparents who had been raising them for several years.
The Supreme Court gave custody of the two boys to the father because the relationship between parent and child is constitutionally protected.
The high court said in a unanimous decision:
“Under the parental preference principle, a parent's natural right to the custody of his or her children trumps the interest of strangers to the parent-child relationship and the preferences of the child."
In fact, the “right of a parent to the care, custody and management of his or her children is considered one of the most basic rights of man," according to the opinion.
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High court: So-so parents win over good grandparents
The high court overturned a Perkins County District Court decision that two children should remain with grandparents who had been raising them for several years.
The Supreme Court gave custody of the two boys to the father because the relationship between parent and child is constitutionally protected.
The high court said in a unanimous decision:
“Under the parental preference principle, a parent's natural right to the custody of his or her children trumps the interest of strangers to the parent-child relationship and the preferences of the child."
In fact, the “right of a parent to the care, custody and management of his or her children is considered one of the most basic rights of man," according to the opinion.
Full Article and Source:
High court: So-so parents win over good grandparents
I think, as with any law, the best interest of the people should be served.
ReplyDeleteParents shouldn't always win out in these cases because they are blood. The best interest of the child should be first and foremost in the law's mind.
But, if the law doesn't say "parents first" (which should actually be just common sense) then pretty soon we have family pushed aside and professional guardians and conservators making money.
It boils down to a lack of conscience. We know the guardians and conservators in these case have no conscience or ethics, but we also know this bad behavior is enabled by judges who are either uncaring, incompetent or on the take.
Either way, families suffer when they become part of the system.