The traditional family structure is being challenged at all levels of society these days. Gay activists are doing their best to re-write marriage and parental roles. Divorce and re-marriage is also having an impact on the way society and the courts view marriage and parental rights.
Case in point is one being handled by the Independence Law Center. Their client was once married and he and his wife had a daughter. The couple later divorced and the wife remarried. Shortly after she remarried, she died. Her second husband then petitioned the court for custody of the daughter from the first marriage. During the proceedings, it was demonstrated before the court that the first husband and biological father of the girl was a fit parent who had remained involved in his daughter’s life. However, the court ruled that since the daughter had spent time in the house of the second husband and he was married to the girl’s mother, that the second husband was granted primary custody of the girl.
The case has made it to the U.S. Supreme Court, where the Independence Law Center has just filed an amici brief with the court. They are asking the high court to honor and respect the rights of the biological father, especially since it has been proven that he is a fit parent.
Randall Wenger, chief counsel for the Independence Law Center, commented about the case saying:
“While the tragedy of divorce can tear parents from their children and children from their parents, no parent-child relationship should be invaded in a situation like this. Unless a parent is shown to be unfit, parents have a fundamental right to maintain their role as a parent to their children. We are hopeful that the Supreme Court will reaffirm this ageless truth.”
After the way Chief Justice John Roberts betrayed conservative Americans when he ruled in favor of Obamacare, no one can be sure how the court will rule when it comes to the matter of parental rights. In times past, there would be no doubt that the biological father, who was still part of his daughter’s life, would be granted primary custody in a case like this. However, in today’s screwed up world, no one really knows what the court will do.