What is the scope of the parental right to have children and to custody of the children under the California Civil Rights Act?

California, United States of America


The following excerpt is from Lois R. v. Superior Court, 19 Cal.App.3d 895, 97 Cal.Rptr. 158 (Cal. App. 1971):

The parental right to have children and to the custody of those children is included among the liberties protected by the due process clause. 'The concept of personal liberties and fundamental human rights entitled to protection again overbroad intrusion or regulation by government is not limited to those expressly mentioned in either the Bill of Rights or elsewhere in the Constitution, but instead extends to basic values 'implicit in the concept of ordered liberty' (citation) and to 'the basic civil rights of man.' (Citation.) Among such basic liberties and rights not explicitly listed in the Constitution are the right 'to marry, establish a home and bring up children' (citation); the right to educate one's children as one chooses (citations);[19 Cal.App.3d 902] * * * and the right to privacy and to be let alone by the government in 'the private realm of family life.' (Citations.)' (City of Carmel-By-The-Sea v. Young, 2 Cal.3d 259, 266--267, 85 Cal.Rptr. 1, 6, 466 P.2d 225, 230; see Armstrong v. Manzo, 380 U.S. 545, 85 S.Ct. 1187, 14 L.Ed.2d 62, holding that the termination of a father's parental rights by adoption proceedings without according him notice of hearing violated due process.)

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