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
Date
1972
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
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.
Description
Keywords
Due process, Unwed father, Dependency proceeding, Family law, Parental fitness, Putative father, Child custody, Unfit parent, Stanley v. Illinois, Case note
Citation
4 Tex. Tech L. Rev. 217