Legal Question in Constitutional Law in Ohio

If a married family is entitled to protection from State interference absent a showing of harm to a child, why are unwed mothers given the same protection? In Troxel the protection was upheld, but in all other cases fathers are granted permission to be granted visitation rights via a biological connection alone (this causing the mother, again, to disprove best interest) without a "relationship more enduring.". Though the Supreme Court has stated eights do not "spring full blown" in light of a presumption of equal standing it certainly appears they do. Does anyone here agree there is a basis for Costitutional protection of single mother parental rights to the care and control of their child? Though there is a compelling state interest in the area of support, there is no clearly defined such interest in affording equal standing beyond the tradition of marriage. Thoughts?

Asked on 4/30/12, 7:20 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The government has only very limited authority to interfere in family relationships. Family relationships are not limited to those based upon marriage. An unwed mother and her children are also a family, and are protected to the same extent as the family of a married couple.

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Answered on 4/30/12, 4:50 pm

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