Supreme Court to Decide on Outcome of Child Custody Case

A child custody decision is being left in the hands of the U.S. Supreme Court.  According to Alliance Defense Fund allied attorney David Dye, the case has an unusual twist.  He told OneNewsNow that the fight over the child occurred after, "a mom and a dad had a baby [and] subsequently divorced. Both parties got remarried, and then unfortunately mom died. But even more unfortunately, mom's new husband was given custody of their child."

In a typical child custody case, the precedent would grant the biological father primary custody.  However, the state refused Eric Harner as parental guardian even though his past actions and behavior were perfectly fine and should not have interfered with the custody decision.

Dye says, "Historically, the courts have found a compelling interest to interfere with the parent-child relationship if the parent is unfit or abuses the child, or the child is in danger or something like that."  He said that in this case, this has not happened and he finds it mind-boggling.

At this time, they are appealing the court's decision and arguing that the state should not deny custodial privileges to a fit parent without establishing a reason for denial, which Pennsylvania allegedly did. Dye says that his client is devastated and his last hope is the Supreme Court.

If you feel your father's rights were violated during a custody case, contact the Law Office of Michael R. Young and speak with a Riverside family law attorney.