Re: California presumptive joint child custody bill
- --- In firstname.lastname@example.org, <paradoxmagnus@e...> wrote:
> If so, doesn't that give the state an INTEREST in the "fruits" ofThe state asserts that anyway if, married or not, you have children,
> the marriage?
under the doctrine of _parens patriae_.
Unless one of the parents takes an issue to family court, what the
state can do to one's children is however quite circumscribed by a
series of US Supreme Court cases---stretching from the 1920s to the
present---which enunciate parents' rights as a fundamantal liberty
interest under the due process clause of the 14th Amendment.
Otherwise, what the state mainly does in marriage is provide a default
form of a contract, which can in fact be overriden in a pre-nupt'.
You can for example in many states agree before marriage that there
will be no spousal support if the marriage is dissolved, but not that
child support be waived.
- On May 2, 2005, at 5:14 PM, wlspence1 wrote:
> The state asserts that anyway if, married or not, you have children,Whatever the state may assert, it has to do it through a live human
> under the doctrine of _parens patriae_.
being acting as its agent.
If one who didn't like being the subject or object of state assertions
was really serious, (s)he would not permit unqualified or unauthorized
persons to speak or act for the state. But the decision to waive
rights to due process is a decision everyone is free to make, that's
for sure. And by all evidence, it is a very popular course of action.
- --- In email@example.com, Frog Farmer <frogfrmr@f...>
> Whatever the state may assert, it has to do it through a live humanTheir humanity and vitality is indeed questionable, but child
> being acting as its agent.
protective services and the child support IV-D agencies do have their
`counsel' who do show up in court. . . . In family court it's more a
matter of the power the Legislature has given the judge.
Yeah, too many give up too fast, but there are things like the
Domestic Relations Abstention that preclude due process that we all
should be working together to defeat.