Due Process & Challenging the "Best Interest" Standard

Constitutional analyses explaining why vague "best interest of the child" balancing tests violate substantive due process, strict scrutiny, and judicial neutrality in family courts.

Core Constitutional Summary CONCEPT-CLUSTER-02

Under the Fourteenth Amendment, fit parents hold a fundamental liberty interest in the care, custody, and control of their children. State family courts cannot override a fit parent's constitutional authority using a subjective "best interest of the child" balancing test without first proving parental unfitness or compelling harm under strict scrutiny.

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