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What procedures are required for terminating a parent's custodial rights?

Bar Exam Prep Constitutional Law Procedural Due Process What procedures are required for terminating a parent's custodial rights?
🇺🇸 Constitutional Law • Procedural Due Process CONLAW#094

Legal Definition

Notice and a hearing before termination.

Plain English Explanation

Children are little humans. Parent's don't own their children, like property, rather they have "custodial rights" while the child is under their custody. "Custodial rights" refer to the legal rights and responsibilities that a parent or guardian has over a child. These rights include the ability to make decisions about the child's education, healthcare, and overall welfare.

Because parental custody rights are very important, the government cannot terminate them without good reason and fair procedures. Before taking away custody, the parent must be notified of the attempt to end their rights. This gives them a chance to fix any problems. There also must be a hearing where evidence is presented. At the hearing, the parent can argue against termination and try to keep their rights.

Note that this doesn't mean that the government needs to give notice and a hearing before physically taking away a child from an abusive parent. That'd be crazy. Rather, the notice and hearing is required before legally severing the parent's custodial rights over the child.

Hypothetical


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