When the Mother Dies, an Unwed Father Is Deprived of Due Process if the State Takes His Child Without a Hearing on His Fitness as a Parent

Abstract

Discussion involves a state taking away an unwed father’s children without proper due process. The Court held that states must give notice to unwed fathers and conduct a hearing before taking custody away from the father. This decision increased the rights of unwed fathers though these rights are not yet on an equal par with married fathers.