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

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