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« Holding your Child during Medical Procedures | Main | Barriers to a Hearing of a Change in Parenting Time Motion »


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Thank you for clarifying this for me. I was aghast as I read the opinion of that Michigan attorney and the others who opined similarly after him. I couldn't understand how anyone could think in this day and age that the putative father had absolutley no rights until after birth. I thank you for clarifying that info and for providing cites to help confirm your post.

Daniel Lee

Tennessee passed a baby abandonment law which created a new way to terminate parental rights (no notice or opportunity to be heard). Fortunately, I don't think our law has been used even once, in the last three years or so.

I've done a few constitutional challenges, and to date the courts have simply refused to answer the questions put before them.

The key points are strict scrutiny is the level of review, the compelling state interest is a child in harm to the level of the state's abuse statutes, and the burden heavily weighs on the state when fundamental rights are at issue.

Persons in the shared parenting movement doing constitutional challenges agree on the above. What we've been stuck on is the least intrusive rememdy when unmarried parents are in disagreement over an issue such as where the child will attend school, or have medical care performed.

My thought is the parents retain joint physical custody, and rotate the legal custody status on a basis of every 4 years or so.

Daniel Lee

Kari S.

I am the birth mother in the Kelsey S. present case. Yes, there was an issue of fathers rights, however, where were my rights when the judge court ordered me to take custody of my son totalling ignorring the trauma that it could (and did) cause?

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