What is the state's position on parental privacy in the context of the Family Law Regime?

California, United States of America


The following excerpt is from Tyler v. Children's Home Society, 29 Cal.App.4th 511, 35 Cal.Rptr.2d 291 (Cal. App. 1994):

Plaintiffs contend parents have a constitutionally protected right to be free from unwarranted state intrusion into their relationship with their children, under the right to privacy discussed in (Roe v. Wade (1973) 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147.) According to plaintiffs, any noncompliance with the regulations constitutes "unlawful" conduct, which is necessarily "unwarranted" conduct, which necessarily constitutes "unwarranted state intrusion" into parental rights in violation of the right to privacy. We do not find plaintiffs' logic persuasive.

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